PAVARËSIA SCIENTIFIC JOURNAL ISSN 2304-2664(Online)

Volume 4, No 1(2), June 2018

Scientifi c Board

Prof. Dr. Luan GJONÇAJ – Editor in Chief

Prof.As.Dr. Ëngjëll LIÇAJ

PhD. Sir HOXHA

Dr. Myzafer ELEZI

Dr. Veronika DURMISHI

Dr. Esmeralda HOXHA

Dr. Eva ÇIPI

Dr. Rudina LIPI

Dr. Mallëngjim SKENDERAJ

Dr. Jeta GOXHA

Dr. Klajdi MONE

Dr. Neshet NGUCAJ

PhD. Argita LAMAJ.

Editor:

Dr. Engjëllushe ZENELAJ.

Ass. Editor:

Msc. Enerik SHABANIMsc. Anduel MEHMETI.

Pavaresia Scien� fi c Journal is not responsible for the opinions expressed by the authors. These opinions are of the authors of ar� cles and do not express the posi� ons neither of the University College “Pavarësia

Vlorë” nor the Pavaresia Scien� fi c Journal.

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University College Pavaresia Vlorë

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TABLE OF CONTENTS

THE EVOLUTION OF CRYPTOCURRENCY MARKET, BITCOIN CASE STUDYANDUEL MEHMETI ............................................................................................5

THE DUTCH MODEL OF SUPERVISION OF THE FINANCIAL CON-GLOMERATESBLERINA DHRAMI ..........................................................................................13

“ONLINE EDUCATION AND LEARNING BENEFITS THROUGH THE INTERNET”ENDRIT ELEZI....................................................................................................19

CYBER SECURITY IN ALBANIA AND KOSOVOMSC. ELDA ROBI, MSC. JEZERCA HODAJ....................................................25

THE NECESSITY OF ENVIRONMENTAL EDUCATION IMPLEMENTA-TION IN ALBANIAN EDUCATION SYSTEMDR. ENGJËLLUSHE ZENELAJ, M.SC.ANDUEL MEHMETI,MSC.BRISEIDA ÇAKËRRI ..............................................................................36

THE RELATION BETWEEN THE DEMOCRATIC SYSTEM AND HUMAN RIGHTSAV. ENI ÇOBANI.................................................................................................43

THE CHALLENGES OF LOCAL GOVERNMENT IN THE EUROPEAN INTEGRATION PROCESS OF ALBANIAMSC. FABIOLA DELIAJ, DR. JETA GOXHA...................................................48

DIVISION OF TERRITORIAL WATERS UNDER INTERNATIONAL LAWPHD (C ) KASËM CENAJ...................................................................................53

IMPACT OF ELECTROMAGNETIC RADIATION ON ENVIRONMENTMSC. LAUNORA BILALAJ, DR. ESMERALDA HOXHA..............................60

APPLYING THE EUROPEAN ARREST WARRANT TO CANDIDATE COUNTRIES FOR THE EUROPEAN UNIONDR. MYZAFER ELEZI........................................................................................68

TERRRORISM AS REAL THREATDR. AV. NESHET NGUCAJ................................................................................76

STATUTORY MINIMUM WAGE AND POVERTY THRESHOLD CONSIDERATIONSDR. RUDINA LIPI, PROF. ASC. ILIRJAN LIPI, PROF. ASC. ETLEVA LESKAJ...........................................................................84

TEACHER WORK ON THE FOUNDATION OF EDUCATION, GOOD RESULTS FROM GOOD PROFESSIONALS, CASE STUDY ONE LESSON OF MATHEMATICRUDIN TEFI........................................................................................................92

ACTIVE PARTICIPATION OF YOUNG PEOPLE AS A PART OF THE INTEGRATION PROCESS OF ALBANIA IN THE EUTEA MEMUSHI.................................................................................................101

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THE EVOLUTION OF CRYPTOCURRENCY MARKET, BITCOIN CASE STUDY

Anduel MEHMETIUniversity College “Pavarësia Vlorë”

ALBANIAanduel.mehmeti@unipavaresia.edu.al

Abstract

The trend of continuous technology development in the last decade brought about a lot of changes in our economic and social life. This breakthrough of tech-nological development also affected the world monetary market. Since 2009 until today we have been familiar with the Bitcoin cryptocurrency phenomenon as one of the most phenomenal economic developments in the world currency history. A currency created by a process called “mining” that uses computer resources to pro-duce this electronic currency using a mining algorithm that increases production proportionally with the increasing complexity.

This paper aims to carry out an overview of the evolution and current situa-tion of the electronic currency market, especially the Bitcoin case. The “mining” algorithm under complexity defi nes the hash diffi culty, which is currently over 512 peta bytes. For the realization of this paper are used different methodologies like statistical data analysis and literature review. This monetary market evolu-tion, despite the extraordinary growth that has undergone its market value, on the other hand, is faced with a situation which is not favorable, because of the lack of support from different country governments and banking institutions which do not support the lack of control over these monetary transactions. Despite the unfa-vorable currency conditions in the world monetary market, there is an exponential increase if its value from $9 to $18,900 per unit. This paper will give an evaluation of the stock level of the Bitcoin Cryptocurrency and a conclusion about the reli-ability and the future of the coin.

Key words: Cryptocurrency, Crypto Market, Bitcoin.

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1. INTRODUCTION TO CRYPTOCURRENCY AND CRYPTO MAR-KET.

Cryptocurrency is one of the kinkiest topics in the ICT world. The coin has nothing to do with the classical currency we are used to address in the fi nancial system controlled by the classical banking system. The currency used by this sys-tem is known differently as FIAT that is a centralized and controllable currency by fi nancial authorities. Currency represents any cash in the economy that is used to buy a particular product or service. Its value is determinable by the market value as well as by the respective issuing institution. The value of the currency is not dependent on gold, electrical producing or trade balance. Its value is directly de-pendent on the demand-supply for this currency. A small part of the entire world currency exists in the form of printed currency, banknotes or metal at a value of 5% and the other 95% is in the form of a digital value that is stored in the banking system. All the above-mentioned currencies which are part of the classical bank-ing system are centralized and controlled. There is a “management institution” that controls every transaction (purchase, sale, transfer) and controls the creation or destruction of these currencies.

The coins are decentralized currencies. This is the main difference. There are a large number of cryptocurrencies in the world that are created and quenched con-tinuously which makes it relatively diffi cult to have a statistically accurate value. There are about 1100 cryptocurrencies that are listed and left permanently on the offi cial portal of this crypto market. The following fi gure lists some of the most widely used cryptocurrencies in the electronic money market.

Figure 1: Some cryprocurrencies (Source https://coinmarketcap.com)

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The fi rst decentralized cryptocurrency is Bitcoin, which was created by Satoshi Nakamoto (a nickname of an individual or group of individuals) whose focus has not been to create a cryptocurrency but an electronic money-based system of peer-to-peer technology. The aim was to avoid the two major problems that arise in controlled currencies: the “double spending” attacks on digital classical digital systems and control by a central authority.

The operation of these scattered currencies is based on a database called Block-chain. It keeps data on digital transactions. These transactions are organized into smaller blocks that are interconnected through Hashes, which are functions for mapping arbitrary and fi xed-size data. This means that each block recognizes and identifi es the preamble block, thus creating a chain of blocks called Blockchain.

To create a clearer idea of how Blockchain works, we consider that a group of individuals, businesses or institutions create a cryptourrency that they will use for their monetary transactions. For each transfer, the system (blockchain) must tell all affected members that there has been a change in the amount of encryption of the respective party. To confi rm this transaction, complicated mathematical operations should be performed. People from all over the world can use their computers to carry out these operations. If someone successfully completes this operation, he also validates the transaction.

The currency market is in constant evolution, which is clearly evidenced by the considerable number of electronic currencies in the electronic money market, but to be successful these currencies have to guarantee a considerable stock which is a refl ection the bid-offer for the currency and its mining process. So we can say that the credibility of a given electronic currency is closely related to its stock level. Currently, the currency that guarantees the greatest credibility in the electronic market is the Bitcoin which heads the list of electronic currencies as one of the most viable currencies on a $ 191bn stock.

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Figure 2: Cryptocurrencies stock (Source: https://en.wikipedia.org/wiki/Cryptocur-rency)

2. BITCOIN CASE STUDY

Bitcoin is the fi rst electronic coin that was created in 2009 by an individual or group of individuals named Satoshi Nakamoto. It is believed that this is a false identity of a group that has been identifi ed in recent years by sharing the mem-bership that suffered Bitcoin to create another Bitcoin-like coin called Bitcash. But how is a Bitcoin created? The creation of this currency is realized through the process called Mining, which itself is a math complexity algorithm which is calculated through the complex size called hash rate. The hash unit is calculated through the architecture of the CPU or GPU (GPU guarantees higher effi ciency), spent electricity and network transmission speed. Currently this complexity is at 512 peta bytes. This complexity that converts to a currency unit comes as a reward for the computer architecture that the manufacturer puts at the disposal of the blockchain to calculate and secure the cash transactions between the two wallets. So each manufacturer in itself represents a blockchain chain. The technology used in the blockchain data structure is realized through peer-to-peer communication, practically the transaction is realized through a wallet that realizes the delivery and the second wallet that is the receiver. The initial Bitcoin price in 2010 was $ 0.003 per unit and reached its $ 17900 peak on December 15, 2017.

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Figure 3: The evolution of Bitcoin (Source: https://en.wikipedia.org/wiki/History_of_bitcoin#2018)

With Bitcoin electronic money, transactions such as depositing, withdrawing and transferring electronic monetary values from one wallet to another can be made. But what is a wallet? A wallet is online software that uniquely identifi es every user and is responsible for maintaining the status of the account he owns.

3. MARKET PRICE DEFINITION.

Factors affecting the determination of the market value for the Bitcoin currency are: a) demand-offerings for buying and selling the currency; b) stock level; c) artifi cial growth of purchases through scammers. One of the major factors directly affecting the level of the Bitcoin currency value in the monetary electronic market is the demand-supply ratio, the increase in market demand for bitcoin coins is bound to increase the unit price in its purchase and sale. Conversely, the decline in demand for a bitcoin currency is accompanied by its devaluation in the electronic market. The second listed factor which also affects the determination of the value of a bitcoin currency in the market is the amount of stock, the greater the amount of stock for an electronic currency, the greater the reliability for that currency, which represents meeting market needs for the currency and its longevity. The third listed factor is the artifi cial growth of demand for bitcoin through fake news distributed by scammers to an exponential currency growth, thus boosting the in-terest of many buyers to invest in bitcoin, hence all this artifi cial growing demand translates into rising currency in the market.

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4. ADVANTAGES AND DISAVANTAGES OF BITCOIN USAGE

The use of Bitcoin’s electronic money is quite diverse; it does not focus sole-ly on the monetary electronic market, but also integrated with various banking systems and payment platforms. In the context of its usability by ordinary users Bitcoin is defi nitely accompanied by positive or negative experiences, taking into account the above situation we can say that this virtual currency is associated with advantageous aspects or not in close connection with fi nancial institutions and the individual in whole. In a generalized categorization these aspects will consider the advantageous and disadvantaged aspects.

Some advantageous aspects of using the Bitcoin currency are: a) immediate monetary value; b) margin of profi t; c) decentralized money; d) blockchain al-gorithm security; e) selling and buying through exchange points or POS (Point of Sale). In the above estimation, the advantageous aspects relate to the ability to tangibly transfer the transferred monetary value, avoiding the long periods of the banking system, the ability to generate currency trading gains (purchase, sale, transfer) through authorized systems such as and fi nally the aspect of security and independence from the classical banking system where fi nancial institutions an-ticipate and control the printed amount of banknotes and coins in the international fi nancial market.

Some disadvantages of using Bitcoin are: a) lack of a controlling authority; b) use for criminal purposes; c) volatility of the monetary electronic market; d) the high interest rate of the exchange rate. In the above assessment, the disadvanta-geous aspects are related to uses for criminal purposes, such as money laundering, fraud schemes, and the sale and purchase of facilities and banned substances in the dark web, this is possible precisely because of the lack of a controlling author-ity within the monetary transactions, thus greatly exacerbating the risk of using Bitcoin for these purposes. In fact, this is also the main reason why fi nancial in-stitutions do not promote the use of crypto values for these purposes. In fact, this is one of the main reasons why fi nancial institutions do not promote the use of crypto-valves but anti-advertise it as a result of its erroneous use but also its large degree of volatility because there is no possible scheme which creates a rough es-timate of its performance in the global monetary market. Another disadvantageous aspect is the high interest rates on potential trade exchanges between individuals and monetary institutions as a result of the high cost of production but also of the profi t rate from these trade exchanges.

5. STARTING BITCOIN BUSINESS AND ITS USAGE.

There are four ways to start a business in Bitcoin, which are:

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• Start the mining process by preparing hardware and software needed to create a machine that will perform the mining;

• Purchase and sale of Bitcoin currency through Exchange platforms such as https://coinmama.com, https://exmo.com, https://kraken.com etc;

• Install computer software on the computer client for granting hardware components of the computer to produce Bitcoin currency such as Win-Miner, Kryptex etc;

• Taking off a virtual hardware environment in the Bitcoin manufacturing companies for various Bitcoin (mining) production power.

After getting acquainted with the ways of producing a Bitcoin currency, we defi nitely need to know how to use it. The ways of producing Bitcoin currency, we must also have knowledge about how to use it. Some of the main uses of Bitcoin’s electronic currency are as follows:

• Purchasing products or online services;

• POS (Point of Sale) purchases;

• Exchange platforms (purchase, sale, lending and borrowing);

• Prepaid or postpaid credit cards in the banking system.

6. CONCLUSIONS

The electronic currency market (cryptocurrency) has experienced a signifi cant increase in the term of cryptocuurency in the electronic money market. Also, the handling of cryptocurrency has produced a new approach to a new economic mod-el used by individuals and businesses who are both producers and users of cryp-tocurrency. The most successful coin which owns the stock and the highest value recorded to date is Bitcoin. The success of this currency is closely related to the high number of producers and users as the fi rst and the longest currencies in the monetary market of cross-currency denominations. Appreciating the success, lon-gevity, and demand, we can say that Bitcoin cryptocurrency is the future of a new economic model for individuals and fi nancial institutions. Considering the pro-cess of creating electronic Bitcoin currencies, the mining process, manufacturing mining factories, etc., we can say that Bitcoin is not just the future business but also the future employment. We can say that Bitcoin is a good and safe way to do business with a lot of profi ts as the blockchain system guarantees system security through MD5 encryption algorithms through the continuous increase of the encod-ing complexity of this system algorithm. Bitcoin uses are all-round since online purchases, transfers, deposits, loans, and prepaid banking systems. But how much reliable is Bitcoin? Like any other currency involved in the stock quotation system

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where the risk of currency devaluation or constant stock reduction depending on the bidding offer, I personally think Bitcoin’s cryptocurrency use by individuals or businesses for trading exchanges (sales, purchases, transfers , credits) or produc-tion goals, I can say that the system used by blockchain is safe and fast creating a comforting environment and above all reliable for the performance of monetary relations and the monetary system as a whole.

7. WORK CITED

• https://coinmarketcap.com/

• https://en.wikipedia.org/wiki/History_of_bitcoin#2018

• https://en.wikipedia.org/wiki/Cryptocurrency

• http://www.investopedia.com/terms/l/litecoin.asp

• https://blockgeeks.com/guides/what-is-cryptocurrency/

• https://www.cryptocoinsnews.com/cryptocurrency-trading-vol-ume-set-to-surpass-apples-says-market-strategist/

• Kosova Eduacation Online, Nr. 02, Prill, Maj, Qershor 2017, page 21.

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THE DUTCH MODEL OF SUPERVISION OF THE FINANCIAL CONGLOMERATES

Blerina DhramiUniversity College “Pavaresia Vlore”

Vlore, Albaniablerina.dhrami@unipavaresia.edu.al

Abstract

The process of integration between various businesses is identifi ed as early as the mid-1980s and has been triggered by a real wave of fusion, acquisitions and agreements between the various operators in the fi nancial sector (with particular emphasis in some European countries, especially in France). Beyond the integra-tion at the commercial level, over time they have found evidence of the possibility of convergence from an operational and management point of view. The maxi-mum example of integration, within the same economic unit, is the fi nancial con-glomerates. Despite the advantages that the formation of a fi nancial conglomerate can entail, fi rst of all the reappearance of diversifi cation economies, it can create a series of inconveniences since a conglomerate structure is characterized by man-agement and organizational complexity such as to give birth to internal diffi culties to the conglomerate itself. These problems can be: double gearing, concentration risk, risk of spreading and capital leveraging. For this reason the constitution of a fi nancial conglomerate is a concerning issue for the Supervisory Authorities. This paper has in focus the fi nancial supervision of the fi nancial conglomerates; in particular it describes how the institutional design of fi nancial supervision in the Netherlands has evolved over the past decades. It concentrates on the major changes in the architecture of fi nancial supervision that took place since the late 1990s.

Key words: fi nancial conglomerates; fi nancial supervision; Dutch model of su-pervision.

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1. INTRODUCTION

In the last twenty years the Netherlands has seen a signifi cant change in the fi -nancial overview. Globalization, conglomeration, a single market in fi nancial ser-vices in the European Union , the birth of the euro and also a growing awareness of the importance of fi nancial integration and consumer protection were challenging the regulation and supervision policies .

The liberalization of the capital markets in 1980 has legalized the cross - border activities of the fi nancial institutions.

Subsequent developments in technology, communication and information have made that all these activities mentioned above, became economically profi table. Growth was stimulated by the abolition in 1990 of the law that did not allow the merger of banks and insurance companies, opening the way for the creation of large fi nancial conglomerates. The changes in the fi nancial structure have prompt-ed the authorities to opt for a new institutional framework for supervision.

And that’s why the situation in the Netherlands is different from that in other countries such as Sweden and the UK, where the banking scandals have prompted a major change in the architecture of fi nancial supervision, with the result that the reputation of the supervisor was damaged. (De Luna Martinez, 2003) In these countries the creation of a new institution was required to restore confi dence in the markets and fi nancial institutions. Thanks to a stable fi nancial history, Netherlands did not need to build a new authority but could benefi t from the good reputation of the Central Bank to keep it as a banking supervisor at the beginning and then charging them more responsibility that still plays with ability.

2. EASE OF USE

Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insur-ance undertakings and investment fi rms in a fi nancial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Par-liament and of the Council (OJ L 35, 11.2.2003, pp. 1-27) has been applied since 11 February 2003.

Directive 2002/87 / EC is the instrument with which the European Commu-nity has sought to achieve the objective of supplementary supervision, develop standards of credit institutions, insurance undertakings and investment fi rms in a fi nancial conglomerate This objective could not be suffi ciently achieved by the Member States and that, because of the scale and effects of the action, could be

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better achieved at Community level. (Europeo, 2002)

To understand how this directive was delivered to Holland we make an analysis of the supervisor model change in the next section.

3. OLD AND NEW MODEL OF FINANCIAL SUPERVISION

The emergence of fi nancial conglomerates called for more co-ordination be-tween the banking and insurance authorities. In 1990 the Bank and the insurance supervisor (Verzekeringskamer) concluded a Protocol in order to ensure adequate supervision of fi nancial conglomerates. The basic idea of the Protocol was that the banking and insurance branches of a fi nancial conglomerate were each to be supervised by their respective authorities. The Protocol established rules for the conditions to be fulfi lled by conglomerates in order to be granted an authoriza-tion (a declaration of no objection for holding a bank and an insurance compa-ny) and obliged the supervisors to exchange information. Depending on whether the conglomerate was primarily engaged in banking or in insurance, it was to be the banking or the insurance supervisor, respectively, that should decide upon minimum solvency requirements at the holding company level. Still, the holding company was required to inform both supervisors about its fi nancial position on a consolidated basis. The reasons behind the Protocol were twofold. In the fi rst place, effective supervision of fi nancial conglomerates required there to be no ‘blind spots’, that is activities and segments that were left unsupervised because each supervisor believed the other supervisor to be responsible. Second, effi cient supervision should prevent overlap between the activities of the two supervisors in order to keep the administrative burden and supervision costs low.

The further blurring of distinctions between different types of fi nancial fi rms and products called for more co-operations between the three supervisors. In 1999 a council of the banking, insurance and securities supervisors was established. The aim of this Council of Financial Supervisors (Raad van Financiële Toezichthoud-ers) was to give an additional impulse to cross sector co-operation between the fi nancial supervisors. The Council was not a decision-making body on supervi-sory and regulatory issues, but a forum for discussion and further co-operation in the fi eld of cross-sector regulatory and supervisory issues. Among the prominent issues on the agenda of the Council at the time of its establishment were fi nancial integrity and consumer protection. (H.Prast, 2004)

In 2002, a major change took place in the institutional structure of fi nancial su-pervision in the Netherlands. The old model, which was organized by sector with each sector having its own supervisor, was replaced by a model with supervision on a cross-sector basis in line with the main objectives of fi nancial supervision: systemic stability, prudential supervision and conduct-of business supervision.

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DNB retained the responsibility for the prudential supervision of banks, while the PVK remained responsible for the prudential supervision of insurance fi rms and pension funds. As was mentioned earlier, the Authority for the Financial Markets was given the task of supervising the conduct-of-business of all fi nancial mar-kets and fi rms, including banks and insurance companies. This tripods supervision makes a distinction between prudential supervision and oversight on the conduct of business, in order to avoid possible confl icts of interest between two types of supervision, risk arbitrage and also the concentration of power in a single super-visor.

The Directive on fi nancial conglomerates has introduced the fi gure of the single coordinator who is responsible for the additional supervision of fi nancial con-glomerates group based in the Netherlands that is refl ected in the fact that in 2004, as we have already seen, we have a single prudential supervisor who is the DNB.

This evolution of supervision in institutional terms needed support in regu-latory terms on which to build and to be implemented in the right manner. Thus was born in 2002 “Act on Financial Supervision” which contained the rules and guidelines for each best development and integration of this oversight. This act contained four parts:

1. General provisions

2. Prudential supervision

3. Orientation of the market supervision

4. Infrastructure

What is most important is that this act is also served as basic support for trans-position of the European Directive on fi nancial conglomerates. Already, the Pro-tocol was considered a predecessor of the Directive but with this act is occurred a more complete integration of the content of the Directive. (Dierick, 2004)

A further step toward integration of prudential supervision was taken in 2004 when DNB and the PVK merged into a single prudential supervisor, which goes by the name of DNB. It should be stressed that despite the institutional separation, co-operation between the prudential supervisors on the one hand and the con-duct-of supervision business supervisor on the other is crucial, as some issues, for example fi nancial integrity, have both prudential and conduct-of-business dimen-sions. The Council of Financial Supervisors has ceased to exist and is replaced by a covenant between the two supervisors. (F.Santoboni, 2006)

In the Netherlands the new supervisory system has been benefi cial for the de-velopment and improvement of conglomerate business, creating strong structures to contain the critical aspects related to the integration between operators and the

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affi rmation of a functional approach.

In January 2007 it began a new phase of implementation and it was the Bank-ing Directive (2006/48 /EC) and the Directive on Capital Adequacy (2006/49 /EC) provided by the Basel Committee 2. The transposition took place through a new act, the “Financial Services act”. (Conglomerates, 2006)

4. CONCLUSIONS

It is clear that the single market for fi nancial services requires not only a single regulatory framework, but also a single supervisory system. How to achieve it and what architecture give are problems of not simple solution, involving the various interest groups, stakeholders called to play an inter-active role.

Firstly, policy makers, on one hand the national ones, reluctant to renounce their sovereignty and who are under the pressure of market participants; on the other, the community ones that end up acting as a clearinghouse for the various national institutions.

Secondly, the CESR1 (and in view of the other committees) that sometimes seems to work with diffi culty because of the constraints and pressures of the other actors in the integration process. The path started at the level of committees can be perfected, but the time to go towards running a autonomous and authoritative role is not mature.

Another group of interest is represented by the market operators, who some-times advance “in sparse order”, because the expression of different national models in terms of operating practices and supervisory models with more or less marked inclinations, proceed swiftly along the path of integration.

Based on the history of fi nancial and monetary stability in the Netherlands, the central bank as the banking supervisor did have a solid reputation.

Netherlands is the fi rst member of the EU in which the Central Bank has be-come responsible for the supervision of insurance companies, also assuming the responsibility of the separate insurance supervisor.

By choosing the Twin Peaks model, the Netherlands prevents concentration of power in a single institution. The responsibility for conduct-of-business supervi-sion lies with the Authority for the Financial Markets. Even though DNB is re-sponsible for monetary stability, this responsibility is shared with the entire ECB.

1 Comittee for Europian Securities Regulators

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5. BIBLIOGRAPHY

• Conglomerates, M. T. (2006). Implementation of Directive 2002/87/CE.

• De Luna Martinez, J. a. (2003). International Survey of integrated Finan-cial Sector Supervision. World Bank Policy Research Working Paper .

• Dierick, F. (2004, August). The supervision of mixed fi nancial services groups in Europe. Occasional Paper series n.20 .

• Europeo, P. (2002, 12 16). Direttiva 2002/87/CE. Gazetta uffi ciale dell”Unione Europea .

• F.Santoboni, A. (2006). Tendenze evolutive del fenomeno della conglom-erazione fi nanziaria. Convegno Aidea 06-Finanza e industria in Italia. Roma.

• H.Prast, V. I. (2004). New Architectures iin the regulation and supervision of fi nancial markets and institutions. DNB Working paper n.21 .

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“ONLINE EDUCATION AND LEARNING BENEFITS THROUGH THE INTERNET”

Endrit ELEZIStudent at the University College “Pavaresia Vlorë”

Department of Information EngineeringE-mail: endrielezi00@gmail.com

Abstract

Internet-based learning is one of the latest practices applied by students around the globe who prefer information technology. This way serves as an opportuni-ty for those students and not only who can not afford the time needed to attend university auditors or attend special training courses. Primary is the selection of online communication channels, which must have productivity in the process of learning and acquiring knowledge. Being a useful alternative to the time we live in, the internet has found a major spread in the fi eld of online teaching. Currently there are different forms of learning through the application of information tech-nology, but the most widespread are two of them. One form of online learning is related to the online learning process, where student or student groups communi-cate with each other from home, supervised and instructed by a teaching instruc-tor. The other form of online learning and education is related to the professional preparation for different professions and the preparation of online certifi cation. This form is usually applied to students who need to be trained before embarking on tests to be certifi ed. Not in vain, current generation students are identifi ed as young people of “age of the internet”.

In this paper, we will present the challenges of online education, some of the benefi ts that students have to apply online learning, as well as some conclusions about this topic.

Key words: online education, information technology, internet, students, etc.

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1. WHAT IS ONLINE EDUCATION?

It is one of the most widely used online learning forms in developed technology countries. This form of teaching and learning in our country nowadays has found great dissemination, mainly for the last twenty years. The student is usually in a computer reading or viewing the curriculum or completing the assignments. It is usually at home or in a computer lab, as opposed to sitting in a classroom with tables and teachers. Currently online education can be used in two main forms. The fi rst one refers to the cases where students enrolled in online education receive online classes offered by home or other higher education institutions and commu-nicate online with each other and with the teacher who guides them and oversees. The second form of online education consists of professional preparation and cer-tifi cation certifi cation on the internet, which is usually oriented to professionals or students seeking training or preparing for certifi cation exams. Known courses in-clude training in foreign languages, mainly in English, computer systems, various programs in the economic, banking and other fi elds.

In the Global Shapers survey, roughly half (around 47.79%) of respondents confi rm that they would be willing to pursue certifi cation for certain skills, in-cluding online certifi cation, after they started their career. This again speaks of the great potentials and the internet education market (Jiyuan Yu, & Zi Hu,, 2016) .

2. CHALLENGES IN ONLINE LEARNING

It should be noted that online education has made great strides, and is one of the most popular forms of online learning. This form, among other things, creates chances for students not only to acquire knowledge of the type of training they pursue, but to quickly and accurately adopt the use of the internet and online group communication, which is nowadays a global society this form of communication is a necessity of time. It is the task of educational institutions, mainly those of higher education, to apply their online education platforms, as it is well known that the main advantages of this form of learning are the cost reduction for students and the expansion of recruitment in the face of increasing competition. Currently, online education has become an increasingly important part of higher education. In many institutions of higher education, such as colleges, academies or universities, main-ly in developed countries of the European Union, the United States of America and beyond, faculty members with and professional support teams apply massive use of wide web to promote online courses. Of course, this form of learning gives its positive results. However, such progress seems to have alleviated the doubt about the quality of teaching and 40.56% of respondents in the Global Shapers Survey

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confi rm that online education is as strong as traditional classroom teaching with another 11.76% saying they did not know (Jiyuan Yu, & Zi Hu,, 2016).

3. THE BENEFITS OF ONLINE STUDY

Online learning, the Internet has several advantages for students and their fam-ilies, which we are highlighting below:

1. Progress of career

This form of online study gives you more fl exibility, as the student can work and simultaneously schedule the work schedule by setting the schedule of online learning or developing a professional online training at an appropriate time. So the student is given the opportunity to work and learn at the same time. An online class can be used at a certain time for a straightforward session, but the student can study and interact with the instructor and classmates at their own pace, such as the discussion forum. In a survey conducted by The Learning House, 44% of online students reported improvements in their employment status, for example by taking full-time jobs within 12 months of graduation and 45% reported salary increases. online course, you will gain more work experience and learn new skills that will help you advance in your career(Patel, 2018). It should be said that such a form of learning, in addition to professional obligations, can also be used for hobbies by different persons, just for curiosity, or for taking time off whenever possible. Some students even think that online courses are easier to concentrate because they are not confused by other students and classroom activities (OEDB, 2012).

4. Flexible schedule and environment.

To study online, students have the opportunity to choose not only the most convenient schedule but also their learning environment, in accordance with their opportunities and needs. The environment can serve as a bedroom where the stu-dent is lying in bed, at a work bar or in the neighborhood where they are staying, while traveling on a train, bus, etc., but also in the exercise gym. In these envi-ronments, the student through headphones or other electronic devices can work or train and at the same time is listening to instructor lectures. So getting an online course does not mean that a student must necessarily be taught in class, but he can also get knowledge in other public or private environments. Suffi cient desire and willingness can be achieved, and knowledge gained and reinforced through online communication can be achieved.

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4. Low Costs and Debts.

The online study does not exclude the fee of the study fee regardless of the attendance of the institution from which the training is provided, but this form of communication has other fi nancial advantages. The student saves the housing and transportation costs fund compared to the study by attending regular high school auditing. From the practice we know that to attend and attend a cycle of study program, the fi rst thing that is planned is housing during this period, which is probably not far from the institution offering the program. But even if this is ex-ceeded, it should be borne in mind that a day-to-day study also requires a fund for transportation from the apartment to the institution and vice versa, which includes travel tickets, car fuel, other daily expenses. So, we must point out that online learning through the internet translates into more savings related to housing and transport costs.

4. OPPORTUNITY OF ONLINE EDUCATION APLLICATION IN ALBANIA IN COMPUTER ENGINERRING PROGRAMS

Currently, the trend of young people studying for ICT engineering or similar af-fi liates is increasing. It is also noteworthy that from year to year, the requirements of high school graduate students, especially those who have completed general secondary education, have particular interest in this program, compared to other programs, mainly social profi les. If we refer to the State Matura 2017, in the gen-eral high school “Perla” in Vlora, it results that from 3 classes with approximate-ly 75 graduates applied for computing (IT engineering, information technology, telecommunications, computer network systems, etc.) about 1/3 of them.1. This shows, not only the growing interest of young people to study in this program, but also the great opportunities that present the labor market for information technolo-gy. Realistically, in any public or private institution function the computer network not just for communication, but also the identifi cation of job indicators, analysis, data processing and outputs. These institutions create opportunities for students in informatics to conduct teaching practices during the academic year but also other employment opportunities after graduation. Given the fact that information technology developments are very dynamic and varied, students are keen to ex-plore these developments not only to quench curiosity, but to learn about the end-less possibilities offered by technology. In this regard, the acquisition of special knowledge of IT engineering developments does not limit the student to academic curricula given to university auditors, but encourages it to apply other learning methods, such as : online courses, use of electronic libraries, etc.

1 According to the data by nonpublic school “PERLA” Vlorë

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Such a possibility, of online learning, should be offered by universities, which have approved study programs in the fi eld of computer engineering. Preferably, I would suggest that each higher education institution adopt and include in its insti-tutional strategy the online teaching method, as today there are academic and nec-essary logistics capacities for the application of digital technology. They should offer online courses for students, regardless of the economic costs that carry such courses.

Practical knowledge in the fi eld of information communication technology most sought after for the labor market nowadays are those that relate to the daily activities, the operation and maintenance of the internal computing network as well as the developments in information technology. I think that the institutions of higher education in Albania, including the College where I study, offer online courses not only for students but also for interested persons, of course, against the fi nancial effects provided by prior agreements between the parties, mainly in these programs:

• Software programmer software specialist;

• IT system applications in public administration;

• System and network administration, etc..

Lastly, it should be noted that online student education signifi cantly affects not only theoretical knowledge but increases and strengthens their practical skills. After all, this is the expectation of every family and this is the goal of any student aspiring to be a skilled IT engineer in the future to meet market demands in line with digital technological developments.

5. CONCLUZIONS

Nowadays digital information technology has broken the boundaries between states, regardless of the physical distances they may have. Today, people have no limitation to communicate online with people and institutions around the world, as access to online communication is quite easy. It is suffi cient a computer equip-ment and suffi cient knowledge of the use of electronic communication to make online communication anywhere, using the opportunity provided the Internet. But the trend of time is professional distance education and training, communicating online.

Online Education is a form of education that is realized using the Internet. This online education model can be divided into several categories, depending on the amount of online learning that is incorporated into the course, ranging from traditional face-to-face learning to mixed learning in exclusive online courses.

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Maturity of education technology has enabled online education to become more manageable and accessible than ever before. All the needs of future students are a computer, an Internet connection, and some basic information technology skills. It should be noted that online education around the globe has now become a re-quirement of time.

6. REFERENCA

• Jiyuan Yu, & Zi Hu,. (2016, September 2). word economic forum . Re-trieved September 2, 2016, from https://www.weforum.org/: https://www.weforum.org/agenda/2016/09/is-online-learning-the-future-of-education/

• OEDB. (2012). Open Education Database [online]. Retrieved from 10 Ad-vantages to Taking Online Classes: https://goo.gl/aRZTRF

• Patel, V. (2018, Marsch 25). www.elearningindustry.com. Retrieved March 25, 2018, from https://elearningindustry.com/5-common-elearn-ing-challenges-overcome// : https://elearningindustry.com/5-com-mon-elearning-challenges-overcome//

• The database of graduated student at nonpublic school “PERLA” Vlorë

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CYBER SECURITY IN ALBANIA AND KOSOVO

MSc. Elda ROBI MSc. Jezerca HODAJUniversity College “Pvaresia Vlore” University College “Pvaresia Vlore”

Vlora, Albania Vlora, Albania

elda.robi@unipavaresia.edu.al. jezerca.hodaj@unipavaresia.edu.al.

Abstract

Today’s Internet with cyber space is the largest system ever created by humani-ty, with billions of connected devices, multiple communications connectivity, and billions of users connected to laptops, tablets, and smartphones. The trend is for each and every one to connect, while this trend tends to move further. In this era of globalization, after energy, cyber security has become one of the key strategic goals of each country. The digital revolution has touched every sphere of life in the modern world. More than ever, each country is trying to benefi t from cyber space by pushing forward economic, scientifi c and social development, but also political. The development of digital infrastructure like the Internet has changed a lot our daily social and economic life. Cybersecurity strives to maintain the avail-ability and integrity of networks and infrastructure, as well as the confi dentiality of information held on them. The purpose of this study is to analyze this phenom-enon in the current situation in Albania and Kosovo, as well as the measures and actions that can be taken to protect the cybernetic domain from those threats that may be related to them or which may damage the interconnected networks and infrastructure. This paper aims to raise awareness on the importance of protecting the national security of the state and Albanian citizens from the dangers posed by cybercrime and by issuing recommendations on measures to be taken to fi ght cy-bercrime more effectively in Albania and Kosovo.

Key words: Cybercrime, cyber strategy, national security, cyber security mea-sures.

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1. INTRODUCTION

Cybercrime at the global level today is considered among the greatest secu-rity and privacy challenges. What makes cybercrime among the most dangerous crimes and the most serious threat to security and privacy at the national and glob-al level is the high and rapid growth trend compared to other crimes, as a con-sequence of the great development gap and using technology. The more human dependence on technology grows, the greater the security and privacy fragility of cybercrime and the possibility of being exposed to such crimes. Cybercrime is manifested in various forms such as: violation of copyright, theft of confi dential information, teenage crime, drug traffi cking, human and child traffi cking, identity theft, fraud, etc. The protection from cybercrime, as well as the serious threat of cybercrime security and privacy, has now entered the agenda of priorities at the global level. Even Albania and Kosovo as countries with a high degree of use of information technology and internet access, is exposed to the dangers and threats of cybercrime.

Cybercrime is now one of the biggest legal challenges. Cybercrime is a crim-inal activity that includes: Information Technology Infrastructure, Illegal Access, Illegal Perpetration, Data Intervention, Falsifi cation and Electronic Fraud. Cyber-space today is one of the biggest challenges, which has sparked another form of crime, creating an environment for new crime methods. Now, almost all crimes can be committed by using computers. “Cybercrime generally refers to a wide spectrum of different criminal activities, where computers and information systems are engaged either as a primary tool or as a primary target. Cybercrime includes traditional criminal offenses (e.g. fraud, counterfeiting and identity theft), con-tent-related offenses (e.g. Internet distribution of child pornography or incitement to racial hatred), as well as works that are unique for computers and information systems (e.g. attacks on information systems, denial of service and malware).”

It consists of criminal offenses committed in networks, through electronic com-munications and information networks. This is an infi nite problem, which can be classifi ed into three broader defi nitions:

• Specifi c cybercrime, such as attacks on information systems or phishing (e.g. fake bank web page to get passwords that allow access to victim bank accounts);

• Cyber fraud and counterfeiting: identity theft, phishing, spam mail, clon-ing of bank cards and other cards, and malicious encryption;

• Illegal online content, including child sexual abuse materials, incitement to racial hatred, promotion of terrorist acts and the idealization of vio-lence, terrorism, racism and xenophobia;

• Given the current importance of this phenomenon on a global and nation-

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al scale, given the rapid growth of cybercrime in Albania and Kosovo in recent years and the lack of genuine studies in this area in our country, we decided to make a paper on cybercrime, taking as a case study our country, Albania and the state of Kosovo. The purpose of this study is to analyze the current situation in Albania and Kosovo and raise awareness of the Albanian and Kosovo state on the importance of protecting the national security of the state and Albanian citizens from the dangers posed by cyber crime and issuing recommendations on measures which should be taken for a more effective combat of this phenomenon in these countries. The methodology of this paper is based on two topics: First, the research carried out is based on an inductive approach to the subject, thus observing and studying the facts, yielding results in relation to the cybercrime situation in Albanian law and in order to determine whether the Albanian and Kosovo state is suffi ciently prepared to fi ght cybercrime and the challenges it poses for national security.

Second, the cyber crime study brings us the use of a comparative approach. To study cybercrime, especially to identify the challenges and problems that the Alba-nian and Kosovo governments face in this regard, to understand the notion of cy-bercrime, it is necessary to address foreign literature and international legislation.

2. CYBERCRIME IN ALBANIA

The National Security Strategy states that: “Albania ranks among the countries where the development of telecommunications, internet access and socialization of the society progresses rapidly. The growth of communication is an added value in the country’s economic and social development, but at the same time it exposes it to the hazards of a cyber nature with state and non-state actors. Cyber attacks have the potential to severely damage the exchange of information in public insti-tutions, telecommunications and fi nancial and banking systems, causing interrup-tion of vital services.(Mbrojtjes, “Strategjia e Sigurisë Kombëtare”, 2014)

For this, the security of these communications and information networks is of particular importance. Albania is ranked among the countries where telecommu-nications development, internet access and computerization progress very quickly. But increasing the use of online communication, although it is an added value in the country’s economic and social development, at the same time, it exposes it to the hazards of the cyber nature with state and non-state actors. To cope with cy-bercrime security issues, Albania has undertaken a series of institutional and legal steps to try to cope with this phenomenon. The Cyber Security Strategy describes the current challenges in security issues of interconnection and information sys-

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tems and key points in order to cope with these challenges. A number of factors, such as the speed of technological developments, the dynamics and complexity of the use of cyber space, place the Albanian state ahead of real challenges to capac-ity building for cyber defense, coupled with policies, guidelines, coordination and monitoring procedures. Some of the challenges that characterize this situation and their orientation for the future include:(Mbrojtjes, Strategjia per mbrojtjen kiber-netike 2018-2020, 2018)

Increasing threats to cyber space: Cyber space, which every human being can use without time and geographic limits, provides asymmetric advantages to mali-cious attackers, not those that are protected. As a result of sophisticated methods, the development of technological means of cyber attacks or the sponsorship of these attacks by states are serious threats, ever increasing to national security. To prevent further deterioration of these threats, the creation of a “free and fair Cyber Space” should be parallel to the creation of a “safe Cyber Space”;

Internet and Mobile Devices: The development of the Internet and new com-puter systems, industrial control systems, mobile phones, memory stick and labs make us more effi cient but more vulnerable in the environment where we exercise the functional tasks;

Social Networks and Portals: A particular challenge for open societies is the use of digital communication to infl uence public opinion, for example through hidden efforts to infl uence social media discussions and manipulating information on news portals. This approach has already gained a special importance as an ele-ment of the hybrid war;

Creating a cybercrime market: Developing an invisible, easily accessible marketto buy and sell information, as well as the marketing of cybercrime means, has cre-ated facilitations for criminals to take advantage of this ever-growing opportunity for malicious purposes and benefi ts.

Spying and sabotage: Military objectives are and will increasingly be targeted by hackings and therefore espionage and sabotage make us more vulnerable to-wards electronic attacks on information and communication systems.

Privacy and identity: Personal privacy is also threatened because of new methods of communication and ways of using information systems and the inter-net. Identity abuse is a growing challenge for every individual and institutional authority.

Anonymity and Attributes: Cyberspace has no physical boundaries. Attack-ers in the cybernetics fi eld are different and the diffi culty of identifying makes their job easier to do (from individual hackers to organized criminal groups and to states), eg. hackers and cybercriminals can use the advantage of methods to launch attacks that are unreadable and diffi cult to eliminate.

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Asymmetry of Cyber War: In 300 milliseconds, a keystroke attack can travel twice around the world, but scientists in turn to identify a cyber attacker can spend weeks, months, and years. Countermeasures are always overdue and hackers fi nd weaknesses and exploit them for their own sake.

Financial constraints: Financial constraints are the biggest challenge possible.Considering that cyber defense for many countries and organizations is prioritized as a concept and strategy, investments in “cyber protection” are needed to be at the level that corresponds to the current risk.

Priorities regarding cyber attack in Albania are:a. A cyber defense response system

Quick identifi cation, information exchange and rehabilitation can often reduce the damage caused by cyber attacks. With the aim to making these actions ef-fective in the work environment, interaction is required between the structures responsible for conducting analyzes prior user warnings, and coordination of joint efforts to minimize the damage. To be prepared to cope with a cyber attack, which may take time to restore normal computer work, a disaster recovery plan needs to be implemented by cyber attacks. The interconnection centers perform the obser-vation activity and warning.

b. Cyber Defense through a threat and fl aws reduction program.• Violations of cyber space also occur in critical infrastructure, including

dependency structures, external support structures (such as internet mech-anisms) and insecure sites along the connection to computer networks. Flaws exist for a number of causes, including technological fl aws, poor security control during implementation, and lack of detailed observation of the implementation of all necessary requirements for the security of using interconnection and information systems.

• A program to reduce the threats and vulnerabilities of cyber security will include jointly coordinated efforts, which should be carried out by the responsible structures, in cooperation with other governmental and pri-vate sectors, to identify and rehabilitate serious cyber fl aws and violations through collaborative activities. Exchange of best practices, assessment and implementation of new technologies, component of the program, which include awareness raising on cyber security.

•

c. Evaluation, documentation, and the trend of threats, in order to improve the understanding of the cyber security concept.

The risk assessment will document their threats and trends in relation to SENs, as well as impact on critical infrastructure and basic services. Their processing and description will be such as to help increase the level of understanding of the

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situation and to show the threats and risks to ICT systems.d. Awareness and training program on cyber security/protection

Many weaknesses in information systems are due to lack of cyber security awareness for the part of computer users, system administrators, procurement of-fi cers, system audit personnel, information security offi cers, security offi cers and INFOSEC. These weaknesses may pose a serious risk to systems, though they may not be part of ICT infrastructure itself. Lack of trained personnel further hampers the task of reducing vulnerabilities. The common awareness and training program on cyber security will raise the level of awareness of staff and other structures. Capacities in the security of cyber space will be developed based on SNA mod-ernization programs.

3. CIBERNETIC CRIME IN KOSOVO

Considering that cyberspace is a space for possible criminal misuse, there are a number of dangers and threats that endanger the security of people in the cyber space of the Republic of Kosovo. Many of the risks and impacts of cyber incidents are common to the Government of the Republic of Kosovo and the private sector. Signifi cant increase in the number of Internet users in recent years in Kosovo has brought with it the increased risk of cybercrime and cyber attacks. Some criminal activities that have occurred are suffi cient to highlight the weakness of computer networks in the country, which are still considered to be in the development phase. According to the available data, the main targets of cyber attacks in Kosovo to date have been users’ accounts, banking system, and Internet websites. The primary risks and threatening elements related to ICT systems in the Republic of Kosovo are as follows:(Mbrojtjes, Strategjia shtetrore per sigurine kibernetike dhe plani i veprimit 2016-2019, 2015) 3.1. Threats

Cyber threats come from opportunities and intentions of an enemy to launch a cyber attack on Communications and Information Systems.

There are fi ve types of cyber attacks motivated by:

· Revenge, Curiosity: Performed by staff within the organization or for-merly employed (dismissed) and by so-called “script-kiddies” (youngsters using ready scripts for attacks);

· Monetary benefi ts: Convicted by Organized Crime;

· Spying, Activation: Cyber attacks associated with the unintended inter-vention of a third party within the Communication and Information Sys-

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tems by reading, modifying, expanding or even adding information. Such interferences can also be used to misuse the attacked communications and information systems, and to attack other systems;

· National Security: Performed by sponsored state actors;

· Terrorism: Cyber terrorism has to do with high-level targets for terrorist purposes, which is a growing threat and has the potential to cause major damage. While terrorism is often associated with the loss of life, we cannot overlook the important consequences like intimidation or push that can be caused by cyber terrorism.

•

3.2. Objectives of the Cyber Security Strategy in Kosovo

• The State Strategy for Cyber Security has these strategic objectives:

a. Protecting critical information infrastructure;

b. Institutional development and capacity building;

c. Building public-private partnerships;

d. Response to incidents;

e. International co-operation.

a. Critical Infrastructure Protection of Information

• This Strategy aims to create a secure cyber space environment in the Re-public of Kosovo with specifi c measures and actions to protect critical information infrastructure, the disruption or destruction of which would have serious consequences on vital social functions. The public sector and the private one should set up an advanced strategic and organizational ba-sis based on intensifi ed information exchange. Where appropriate, as well as in the case of specifi c threats, protective measures will be mandatory. Moreover, the necessity of harmonizing the rules for the maintenance of critical infrastructures during technological crises will be assessed.

b. Institutional development and capacity building

As access to security measures is multifaceted, it is important to understand and acknowledge that maintaining acceptable security levels in cyberspace can only be achieved through cooperation between the various parties involved, within a co-ordinated response against various threats. Coordination of competent or relevant government authorities is absolutely necessary. This co-ordination is productive when done by a subject that is in a position to organize and co-ordinate different actors and actions in the Republic of Kosovo, to respond fairly to the threats that emerged today as well as to new threats in cyberspace.

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The State Cyber Security Council should be established to strengthen co-opera-tion within public authorities and cooperation between public authorities and the private sector, as well as to provide recommendations on strategic issues at senior political levels.

• The Council is composed of representatives of the following institutions: Ministry of Internal Affairs, Kosovo Police, Kosovo Forensic Agency, Ministry of Kosovo Security Force, Kosovo Intelligence Agency, Infor-mation Society Agency, Kosovo Security Council, Ministry of Justice, Kosovo Prosecutorial Council, Kosovo Judicial Council, Ministry of Fi-nance, Kosovo Customs, Ministry of Education, Science and Technology, Ministry of Foreign Affairs, Regulatory Authority for Electronic and Post-al Communications, Central Bank of Kosovo. In special cases, ministries, agencies and other institutions will also be involved.

3.3. Building public-private partnership (PPP)

a. Establishing cooperation with the private sector

• Since most of the critical information infrastructure belongs to the private sector, it is imperative to clearly defi ne cooperation with the sector in the fi eld of cyber security.

• In particular, procedures should be established for the exchange of infor-mation with:

· Internet service providers;

· Banking Sector;

· Energy Sector;

· Water supply sector;

· Transport (air and land);

· The academic fi eld.

b. Response to incidents

• It should be noted that proper functioning requires:

· The necessary infrastructure, as well

· Personnel with relevant advanced training.

Policies should include the most practical steps an organization should take when a cyber security incident occurs. Tasks in dealing with documented incidents are ini-tially oriented towards securing information assets, minimizing damages as soon as possible. Beyond providing immediate protection, tasks assigned to confront the incident will strengthen the organization’s learning, and can help track and investigate criminals in the cyber security fi eld. It is a good practice to have ex-

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ercises for dealing with incidents and to constantly refresh the procedures so that when they are needed in real situations to be standardized, verifi ed and reliable.

•

c. International co-operation

• Global cyber security can only be achieved through coordinated tools at national and international level. Kosovo will play an active role in inter-national co-operation at European and global level, in particular with the exchange of information, the formulation of international strategies, the development of voluntary schemes and legal norms, prosecution of crimi-nal cases, retraining of international exercises, and participation in training and cooperation projects.

4. CONCLUSIONS

Despite the advantages and rapid development that technology brings, it has shown that there is also a dark side. Cyberspace today is one of the biggest legal challenges, that has sparked another form of crime, creating an environment for new crime methods. Now almost all crimes can be committed with the use of computers. Increasing opportunities for criminal behavior through the internet has led to increased national and international criminality and threats. Crimes com-mitted in online environments exceed national boundaries, becoming increasingly diffi cult to investigate. As a result, threats to national and international security have increased. Considering that this phenomenon today is one of the major con-cerns and priorities in the international arena, as well as the growing threats that emerge in Albania from this kind of criminality, I decided to do this research on cybercrime, taking as a case study Albania and Kosovo. This paper aims to raise awareness of the Albanian state on the importance of protecting the national secu-rity of the state and the Albanian citizens from the dangers posed by cybercrime and by issuing recommendations on measures to be taken to combat cybercrime more effectively in these countries.

5. RECOMMENDATIONS

• Based on the study done on this paper, after identifying the main chal-lenges and issues of the Albanian state in the fi ght against cyber crime, based on the analysis of the legal framework, the achievements so far, the statistics and the results obtained from the conducted interviews with spe-cialists responsible for investigating, prosecuting and combating cyber-

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crime, some recommendations were made to be followed by the Albanian state to improve the current situation regarding cybercrime in Albania.(Recommendations No.R (89) 9, 1989) These recommendations are as follows:

• Measures should be taken to ensure the sharing and circulation of data and information more securely, both within public and private institutions, in order to prevent and combat crime and to ensure appropriate security policies.

• Raise awareness on the challenges of cyber security in order to improve policies in this area. Developing academic research so that the Albanian state has the statistical data needed to create a better cyber-security risk approach, also doing research on cyber security policies in order to detect shortcomings and achievements.

• Using this information to raise awareness of key policy makers, industry players and the general public.

• Finding creative ways to attract the attention of the media and the public on this fi eld.

• Improving cyber security education is also another important aspect:

• Children and adults should be prepared for the new digital environment.

• Education should not only involve learning the use of equipment, but also teach individuals how to navigate in the digital world safely and con-sciously.

• Empowering Existing Institutions:

• Identifying key institutions in the fi eld of cyber security and ensure that they have suffi cient staff.

• These institutions should have a mix of law and IT specialists who need to be trained continuously.

• Updating national training curricula of public administration institutions and diplomatic academies.

• Empowering the national CERT(Computer Emergency Readiness Team), enabling it to have the capacity to respond to any kind of incident.

• Conditions must be created and measures must be taken to increase coop-eration and the involvement of specialized law enforcement agencies in the most appropriate combat of cybercrime.

• It is also necessary to work at international and regional level through:

• Identifi cation of international and regional issues, for example the protec-tion of infrastructure and their introduction into the national agenda.

• Participation in regional and international organizations and meetings on

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cyber security.

6. BIBLIOGRAPHY

• Mbrojtjes, M. e. (2014). “Strategjia e Sigurisë Kombëtare”. Tiranë.

• Mbrojtjes, M. e. (2018). Strategjia per mbrojtjen kibernetike 2018-2020. Tirane.

• Mbrojtjes, M. e. (2015). Strategjia shtetrore per sigurine kibernetike dhe plani i veprimit 2016-2019. Prishtine.

• (1989). Recommendations No.R (89) 9. European Committee.

• Bruce S. Schaeffer, Henfree Chan, Henry Chan and Susan Ogulnick (2009) Cyber Crime and Cyber Security:A White Paper for Franchisors, Licensors, and Others, CCHpublications .

• Marcella Jr., A.J., Greenfi eld, R.S. (eds.) (2002). Cyber Forensics: A Field Manual for Collecting, Examining, and Preserving Evidence of Computer Crimes, 2nd edn. Boca Raton: CRC Press.

• Dr. Phillip W. Brunst, (2010)Terrorism and the Internet: New Threats Posed by Cyberterrorism and Terrorist Use of the Internet, Springer Sci-ence+BusinessMedia, LLC

• SolangeGhernaouti, (2013)Cyber Power Crime, Confl ict and Security in Cyberspace, EPFL Press,CRC Press.

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THE NECESSITY OF ENVIRONMENTAL EDUCATION IMPLE-MENTATION IN ALBANIAN EDUCATION SYSTEM

Dr. Engjëllushe

ZENELAJ

M.Sc.Anduel

MEHMETI

MSc.Briseida ÇAKËRRI

Director, Research Center on Human Sciences, Faculty of

Economy and Social SciencesUniversity College

“Pavarësia Vlorë”, Vlorë, Albania

Lecturer, Department of Computer Engineering,

Faculty of Applied Sciences, University College Pavarësia

Vlorë” Vlorë, Albania

Lecturer, Department of Economy, Faculty of Economy

and Social Sciences, University College

“Pavarësia Vlorë” Vlorë, Albania

enxhizenelaj@gmail.om anduel.mehmeti@unipavaresia.edu.al

briseida.cakerri@unipavaresia.edu.al

Abstract

In the human-environment binomial, and the challenges of coexistence between them, education remains one of the forms for achieving equilibrium. Environmen-tal education is already perceived in a multidimensional way, starting with law, pedagogy, engineering, social and economic sciences, and so on.

The reasons for the selection of this topic are related to the dynamics of envi-ronmental science and environmental education at world level, the challenges in the path of development of Albania, as well as the “obligation” for “myself” and “society”. The purpose of this paper is to highlight the importance of the imple-mentation and integration of environmental education in the pre-university and university curricula of the education system in Albania. The objectives of this paper consist in: assessing the importance of the development of environmental education; Identifi cation, recognition, comparison, analysis of cases of environ-mental education development in pre-university and university curricula of the education system in Albania; as well as analysis of development indicators for the necessity of preparing orientations and suggestions for the future for environmen-tal education.

The work is realized through the integration of study methods such as research,

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comparison, analysis and synthesis.

Key words: education, environment, law, society, pre-university and university curricula,

1. INTRODUCTION

Usually, the perception of the environment, in the main part of the society, comes as a “green tree”, or “forest surface” and some other element, but we really forget how sensitive and how closely tied life itself the quality of the en-vironment; and at the same time, we do not yet perceive the dependence of the interrelated relationship with the environment. Environmental Education or all that we do about it and in it should not be perceived simply as science that should remain in books or applicative character for economic benefi ts, but most of all, the implementation of environmental education is needed in our everyday life. There is a close link between education and the environment. In Albanian, there are two words “edukim” and “arsim”1. We use “education/educate” to form an individ-ual in relation to his social behavior while “education/arsim” refers specifi cally to professional and scientifi cally qualifi cation. If we fi nd a small differentiation between these words on one side, and in relation to the environment on the other hand, it is diffi cult to fi nd a difference in terms of relative dependencies.

2. THE IMPORTANCE OF ENVIRONMENTAL EDUCATION

Environmental education is a closely relation process of human relationships with nature. Environmental education is a fi eld of study, which brings natural fac-tors, physical and mental health, and social behaviors, from the point of view of the impact on the environment. The United Nation’s Human Environment Con-ference was held in Tbilisi, Georgia, on October 14-26, 19772. From the Con-ference’s work, the 65 participating countries, after discussing UNEP’s reports and programs, fi nally concluded on the Tbilisi Declaration, which underlines and emphasizes the importance of environmental education as an important asset that will bring about improving the world environment.

Environmental education properly understood should constitute a comprehen-

1 From Albanian language to English language both of them are translated as “Education”2 For more see UNESCO UNEP, Environmental Education Newsletter, Volumi III, No I, 1978, Tbilisi Declaration, http://unesdoc.unesco.org/images/0015/001563/156393eb.pdf

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sive lifelong education one responsive to changes in a rapidly changing the world. It should prepare the individual for life through an understanding of the major problems of the contemporary, world and the provision of skills and attributes needed to play a productive role , towards improving life and protecting the envi-ronment, with due regard given to ethical values (UNESCO, UNEP, 1978) .

2.1. The objectives of Environmental Education

Environmental education was viewed as a process which provided students with opportunities for: recognizing values and clarifying concepts in order to de-velop skills and attitudes necessary to understand and appreciate the interrelat-edness among man, his culture and his biophysical surroundings. Environmental education also entails practice in decision-making and self formulating of a code of behaviour about issues concerning environmental quality (Gough, 1997-1998) (cited in (Edwards, 2011).

The objectives of environmental education revolve around participation, be-haviors and awareness. According to UNESCO the fi ve objective of the environ-mental education are as below”

Awareness - to help social groups and individuals acquire awareness and sensitivity towards: « the environment as a whole, and; « issues, questions and problems related to environment and development.

Knowledge - to help individuals, groups and societies gain a va-riety of experience in, and acquire a basic understanding of what is required to create and maintain a sustainable environment. Attitudes - to help individuals, groups and societies acquire: « a set of values and feelings of concern for the environment, and « the mo-tivation to actively participate in protection of the environment.Skills - help individuals, groups and societies acquire the skills for: « identifying, «anticipating» preventing and « solving environmental problems.

Participation - to provide individuals, groups and societies with an opportunity and the motivation to be actively involved at all levels in creating a sustainable environment. (UNESCO-UNEP, 1996)

Participation objective means involvement through actions/operations, or re-search on environmental issues as a whole, and their focus on education and train-ing. A very important objective of environmental education is to infl uence the behaviors of the individual/society. Through environmental education, we aim to create new and clear environmental concepts in the minds of all, which will then refl ect on our behavior as an individual and as a society. The multi-dimensional nature of the environment itself and its relation to all the elements of the human dimension of life require care and attention, as through the formation of environ-

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mental education it is required to be indoctrinated knowledge and the ability to be in harmony with the environment in each of us.

3. ENVIRONMENTAL EDUCATION IN ALBANIA

3.1. The curricula of Environmental Education in the pre-university and university system

Perception of environmental education as an appendix leads to the lack of attention in curricula of the education system in Albania. The environment can not protected only by environmental engineers. Lack of environmental education brings out lack of knowledge and awareness, which then refl ect the individual’s behaviors in the community.

In Albania, environmental education is perceived and embodied as elementary actions of territorial cleansing; in some cases some dates are announced, where all institutions clean the territory. This remains with simple civic actions and op-erations, but without further integrating elements of environmental education into the school’s curricula, remains diffi cult to be long-lasting and refl ective for the behavior of the society.

In the framework of university curricula, some cases such as the inclusion of the “Environmental Law” or “The right of environment” as a basic course in some department of justice have so far been noted; Environmental Education in some Master programs in teaching as an elective course, etc.

In the pre-university curricula in Albania, environmental education has long been lacking. Almost fi ve years have been added to some environmental education curricula. Nowadays, the issue is not just about the preparation of curricula, as this with the help of experts is easily possible. Under the auspices of international partners, Environmental Education has received special attention by preparing a lot of support materials in the form of guidelines for Environmental Education. 3

Particular emphasis should be placed on the preparation of teachers in this dis-cipline. In addition to this instruction, the Ministry of Education has also prepared the “Environmental Education: The Book of the Teacher”4, that has several mod-ules on environmental education topics. So before starting such a course, is needed the teacher’s preparation, with training and qualifi cation, with a view to theoretical but especially practical training, and after that they can be ready for the beginning

3 For more see: Agjensia Rajonale Mjedisore & Austrian Development Cooperation “Udhëzues për mësuesit në realizimin e edukimit mjedisor jashtë mureve të shkollës” Tirane, Prill 2011, http://docu-ments.rec.org/offi ces/projects/4_outdoor_teacher_guide_web.pdf4 For more see INSTITUTI I KURRIKULES DHE TRAJNIMIT &UNICEF “Edukimi Mjedisor, Libri i Mesuesit, Tiranë 2008, https://arsimi.gov.al/fi les/userfi les/arkiva/dok-0023.pdf

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of the teaching process.

Currently in the university education system, only some “Master in Teaching” programs are being developed in the fi eld of Environmental Education, while most of the programs of pedagogy do not have environmental education content. The need for environmental education in university programs with a teaching profi le is very important, as it prepares teachers with scientifi c, pedagogical and didactic knowledge to work with students.

3.2. The role of NGO for Environmental Education in Albania

NGOs are a novelty of the democratic system in Albania. Their activity, in addi-tion to the impact in many areas such as law, economics, human rights, etc., is also related to environmental issues and environmental education. NGOs that focus on the environment or other areas that are indirectly related to the environment and environmental education are important actors in the society, the spreading and acquisition of the applicable character of Environmental Education. Financial pri-ority for NGO that in their activity has environmental education has given many good results about environmental education in community. Through their activi-ties, NGO have different target group, and depending from the type of the project they collaborate with other public or nonpublic institutions, with professionals’ individual and simply people, and also with different engagement forms for all the persons that are involved to the project. The realization of projects that have focus on the environment also has an impact on the local community, which wakes up the civic conscience for environmental conservation and changing behaviors. Various projects, especially those of protected areas that focused on the environ-mental education of children and the community, have proved successful in raising the level of security for the protected areas as a result of the reaction, awareness and conscience of the local inhabitants, for the environment in which they live.5

4. CONCLUSIONS:

Environmental education is currently an integral part of the process of individ-ual formation. Environmental education should not only be implemented as a new curriculum in the pre-university and university study program in different study profi les, but also be integrated into other disciplines..

The current cases of some curricula in the fi eld of environmental education are still in their beginnings. In the face of the environmental situation today in Alba-nia, where most of the environmental damage comes as a result of lack of aware-

5 For example for more see the activities of PPNEA, at the offi cial website http://www.ppnea.org/

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ness among individuals, the inclusion of environmental education in university or pre-university curricula will affect the preparation of generations not only with scientifi c culture for environmental education but consciously to environmental actions. Environmental behavior, in addition to law and order, requires conscience and citizenship, which is also achieved through education. Even environmental education by many researchers is thought to be more effective than the force of law.

In the context of the inclusion of environmental education in some of the pre-university education system classes, it is necessary to train and prepare the teachers who will give this course. Teacher’s professional development will be an important factor in the effi ciency of environmental education, not only in the school environment, or pedagogical outcomes, but also in further impact on the community. Inclusion in activities or internships, focusing on environmental edu-cation, is one of the fi ndings that will help prepare future generations with a com-mon legal, social, economic culture to the environment. Other important actors are also NGOs, that as intermediaries between the community and the government, play an important role in community environmental education as well as in the education policies of the government that are to be received by the government.

5. WORKS CITED

• Edwards, J. (2011, Aprill). School of Education,College of Design and Social Contex, RMIT University. Retrieved May 25, 2017, from Towards effective socially-critical environmental education: stories from primary classrooms: https://researchbank.rmit.edu.au/eserv/rmit:13702/Edwards.pdf

• Gough, A. (1997-1998). Education and the environment: policy, trends and the problems of marginalisation. Melbourne: The Australian Council for Research Ltd, Australian Journal of Teacher Education, 23(1). , 204 , 40-55.

• UNESCO, UNEP. (1978, January 10). www.unesco.org. Retrieved May 20, 2017, from Environmental Education Newsletter VOL III, NO I.

• UNESCO-UNEP. (1996, January 10). www.unesco.org. Retrieved May 20, 2017, from Environmental Education Newsletter Vol.1, No1 : http://unesdoc.unesco.org/images/0015/001533/153391eb.pdf

• Other supported literature

• Agjensia Rajonale Mjedisore & Austrian Development Cooperation “Ud-hëzues për mësuesit në realizimin e edukimit mjedisor jashtë mureve të shkollës” Tirana, Prill 2011, http://documents.rec.org/offi ces/projects/4_

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outdoor_teacher_guide_web.pdf

• INSTITUTI I KURRIKULES DHE TRAJNIMIT &UNICEF “Edukimi Mjedisor, Libri I Mësuesit, Tirana 2008, https://arsimi.gov.al/fi les/user-fi les/arkiva/dok-0023.pdf

• http://www.ppnea.org/

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THE RELATION BETWEEN THE DEMOCRATIC SYSTEM AND HUMAN RIGHTS

Av. Eni ÇOBANIUniversity of Tirana, Albania

Lawyer, Tirana, Albania

enicobani2000@yahoo.ca

Abstract

The concept of human rights and freedoms has progressed parallel to human history and society. Efforts to expand human rights and freedoms have been on-going, and so remain, in order to avoid dependencies that hinder the individual to enjoy freedoms and rights. Democracy remains the only form of rule of law where people can fully enjoy their fundamental freedoms and rights, and only when a society is respected rights and freedoms can then be called democracy. This anal-ogy shows the mutual dependence between the democratic system and the human rights and freedoms. The purpose of the article is to highlight this kind of depen-dence that exists between democracy and human rights and freedoms. The mod-ern democratic concept of human rights and freedoms is now integrated into the constitution of the state. Ensuring respect for human rights and freedoms is a very important indicator of the relationship between the state and the individual, which is possible through the functioning of the legal right state.

Key words: freedom, human right, democracy, legal state .

1. INTRODUCTION

Human rights are the basic criteria for the position and role of individ and ci-tizens in a society. They are an integral part of the political history of society, and

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they appear to be a better indicator of the character of relations between the state and the society on the one hand and society and the individual on the other. The concept of universal human rights became available to all human beings only after the Second World War, when 48 states reached agreement on the Universal De-claration of Human Rights, and 8 socialist states with South Africa abstained, and since then, this concept has become an inseparable component of the United Na-tions system. Since then, the number of UN member states has reached 191, and this statement, which today can be considered as an international customary right, has never been seriously challenged by these states. They are tools and measures for limiting power and impossibility of abuse and arbitration with power. Hence, the idea of human rights and freedoms and democracy, as a system of political and legal organization, are concepts closely linked to each other.1

The basis of all democratic concepts, as well as the demand of all democratic movements in the history of social development, is essentially oriented towards the recognition of human rights and freedoms and the expansion of existing freedoms and rights. Therefore, the struggle for human rights, with revolutionary ideas and actions, means, in essence, a struggle for liberation from all forms of dependence and subordination, and constitutes the nucleus of the social history of mankind. Human rights and freedoms appear as a higher democratic value, respectively, “democracy is not a goal for itself, it is more a tool”, “a useful regulation” that enables the preservation of the highest goal, freedom “ (Held, 1990, pg. 254) .

As a generic principle of modern democracy, the democratic concept of human rights is involved in the foundations of contemporary constitutionality and state organization (Maksuti, 2010; pg 141-148) . In a democratic state, and within de-mocratic institutions, human rights are treated as borders that power can not over-come if it wants to adhere to the principles that have been defi ned on the basis of the democratic concept of society. The interest of human and citizen’s rights and freedoms in democratic society is motivated by two fundamental principles: “The fi rst is defi ned in the efforts of man and citizen to provide a merit position and an active role in social life, in the country in which he lives and in the world in gene-ral, as well as create conditions for personal and collective expression and provide mechanisms for liberation by any form of arbitrary action and fear from the state power providers; The second is the necessity of any organized society, regardless of its regulation and the ratio of social forces in it, to determine the position of man and citizen, not only in the country’s political life, but also in the overall social action (Килимовски, 1997, pg.220) .

In the contemporary democratic world, human rights have a priority, both in the approach of realization and in view of their protection. Si condition sine qua non

1 For a closer link to the idea of human rights and democracy, see more Friedrich, E. Sт. Човековите права како демократска вредност.,Shkup : Ink International., 2003.

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in the existence and protection of human rights, at the same time lies the legal state and the rule of law. Human rights and democracy can not be separated from the rule of law, as their content is implemented through observance of verifi ed legal procedures and behavioral rules. The legal state of right is presented as the basis of democracy and human rights, since the same conditions without a legal rule of law represent only ordinary and abstract forms that have no value. However, human rights and democracy, on the other hand, represent the essence of the legal sate of right . Without them it is almost impossible to determine the limits of the state’s legal intervention.

2. DEMOCRACY, FREEDOMS AND HUMAN RIGHTS, THE RULE OF LAW

By nature, democracy avoids the instrumentalization of legal norms. Therefore, human rights and values of democracy have a positive impact on the construction of the legal system. The rule of law should mean respect for civic achievements in society and justice as a form of general legal standards and justice. Therefore, the activity of all state institutions must be harmonized with the general legal criteria. From here it issued the opinion that any request (political) can not be converted to the right.

The rule of law, or the legal state, is only possible under the following condi-tions:

• The applicability and acceptance of laws by the majority;

• Equality for all citizens before the law;

• Stability of the legal system;

• Prediction of sanctions.2

From here, it is certainly possible to foresee the basic linkage of the concept of human rights to the legal state and vice versa. Hence, with a state of law or a rule of law, a democratic regulation with controlled, legitimate and limited political power, a power where rights and freedoms act as a key element of democratic legitimacy. Hence, these fundamental principles of any community that have alle-gations of the legal state are operationalized through law as an expression of the democratic constitution of the general political will, through legal certainty and political equality (which also includes the right to guaranteed political equality individual) and, as a matter of priority, through an independent judiciary, as one of the guarantors of human rights and fundamental freedoms, that they will be

2 These assumptions of the legal state emphasize Miklosh Biro in his book, Miklosh, B. (1994). Psihologija postkomunizma”. Beograd: Beogradski krug, pg. 119-122

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protected.3

Therefore, the requirement for a state of law can not be understood in a textual way, as each state is legal. However, in the full sense of the legal state, which rec-ognizes and protects the rights and freedoms of citizens that are independent of the state and of the rights that are permanent and unexplored, the state must to know and subdue themselves before them. In a more global defi nition, the legal state represents a “legal form of the body and action of political and public power, in a mutual relationship with the individual as subjects of the law” (Најчевска, 1995, p. 181). However, the discussion of the legal state is complete only when it is more comprehensively understood, in the meta-legal sense, which state is offered to the application of the principle of “rule of right”, respectively to the establishment of a democratic state (Најчевска, 1995, p. 85). The minimum requirement for the understanding of the legal state of the right, which is unifi ed with the rule of right, respectively with the democratic state, would be as follows:

• Instead of unlimited power, determine mechanisms and remedies for lim-iting and controlling state power;

• Instead of the party state, where it legitimizes itself, with the restriction and violation of human and citizen’s rights and freedoms, a state should be built up where rights and freedoms are a barometer of the functioning of the legal state of the right;

• Instead of a politically privileged and structured society, it is necessary to build an institutionalized society based on the right (Најчевска, 1995, p. 86).

3. CONCLUSIONS

The rule of law implies the principle and practice of subordination of all leg-islative and executive acts control by the courts from the aspect of their compli-ance with the constitution, respectively law and their subordination to the legal order (Килимовски, 1997, pg.220). Thus, as a principle and fundamental value of the legal state of the right, the priority of human rights and freedoms implies the inviolability of these values, and their existential character, in relation to the state power. This can be ensured not only through the declarative proclamation of human rights and freedoms, but also their institutional respect and protection, through various bodies and at various levels of government. This also implies state power limited by constitutional norms in general, and in relation to the individual

3 See more extensively in : Stepanov, R. Politika i anomija. Novi Sad: Polja, 1991., pg. 85-86, & Basta, L. “Šta je pravna država”. Beograd: (1999). Gledišta (anketa), oktobar-decembar 1999, br. 10-12, god. XXX ,pg. 80-81.

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and citizen in particular (Saliu, 2004, pp. 94-102) .

The former Commission on Human Rights adopted several landmark resolu-tions regarding democracy. In 2000, the Commission recommended a host of leg-islative, institutional and practical measures to consolidate democracy (resolution 2000/47). In 2002, the Commission defi ned the essential elements of democracy in resolution 2002/46 (United Nation Human Right, 1996).

Human rights and freedoms are universal and they fl ourish only in democratic systems. Strasbourg Court, with its decision-making enables countries to expand quantitatively and qualitatively, beyond those approved in the Charter of funda-mental freedoms and human rights, which are already part of any constitution of democratic countries, whether of a strong, semi-strong character, soft or semi-soft. Above these principles is the legal state of right and democratic aspirations.

4. WORKS CITED

• Held, D. (1990, pg. 254). Modeli Demokracije. Zagreb,: Školska knjiga.

• Maksuti, M. (2010; pg 141-148). E drejta kushtetuese në Republikën e Maqedonisë. Tetovë: Universiteti Ndërkombëtar i Strugës, “Arberiadiza-jn”.

• Saliu, K. (2004). E drejta kushtetuese. Prishtinë: Universiteti i Prishtinës “Hasan Prishtina”, Libri I, Botimi i tretë,.

• Килимовски, С. (1997, pg.220). Уставен и политички систем. . Скопје: Просветно дело.

• Најчевска, М. (1995). Правна држава - димензионирање и редимензионирање. Скопје: Ник Лист.

5. OTHER LITERATURE

• Friedrich, E. Sт. (2003). “Човековите права како демократска вредност”. Shkup : Ink International.

• Miklosh, B. (1994). “Psihologija postkomunizma”. Beograd: Beogradski krug, fq. 119-122.

• Stepanov, R. (1991). “Politika i anomija”. Novi Sad: Polja, fq. 85-86,

• Basta, L. (1999). “Šta je pravna država.” Beograd: Gledišta (anketa), ok-tobar-decembar 1999, br. 10-12, god. XXX, fq. 80-81

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THE CHALLENGES OF LOCAL GOVERNMENT IN THE EURO-PEAN INTEGRATION PROCESS OF ALBANIA

MSc. Fabiola Deliaj Dr. Jeta Goxha

University College “Pavarësia” Vlorë University College “Pavarësia” Vlorë

Vlora, Albania Vlora, Albania

fabiola.deliaj@unipavaresia.edu.al jeta.goxha@unipavaresia.edu.al

Abstract

On April 26’th 2018, The project ”Municipalities for Europe” funded by Euro-pean Union, has published and presented at the conference “Municipalities in the EU integration process of Albania”, a municipalities’ performance report about EU related matters, the fi rst of the kind. The report is a snapshot of how Albanian municipalities are doing in fulfi lling responsibilities that are clearly related to the accession process of the country. Municipalities give a contribution in important areas such as rule of law, human rights, social policies, agriculture and rural de-velopment, education and environment. Now that Albania is developing an institu-tional architecture dedicated to EU integration at the local level, it is expected for this exercise to a regular reference point for monitoring progress of EU integration at the local level. The methodology used involves the analysis of existing qualita-tive data related to the purpose of the work. The purpose of this paper is to point out the importance of the role of the local government in Albania’s EU integration process, by presenting its responsibilities towards the fulfi llment of the accession criteria and EU standards, and the status of their fulfi llment in year 2017, which can serve as the basis for assessing the performance of local government in the integration process for the coming years.

Key words: integration process, report, challenges, local government

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1. INTRODUCTION

The European Union is fully determined to support Albania on its path towards EU membership. Accession takes place through the contribution of all levels of governance and of the whole society. When directly engaged, Albanian local ad-ministrations and citizens can best learn, grasp opportunities and meet the chal-lenges that EU integration implies. EU integration is challenging. As accession will progress, more demands will to be put in front of local government leaders and administrations. They will need to ensure that their citizens are offered the same services as citizens of the European Union and that local democracy is ap-plied in an effi cient and inclusive way. Development of new policies and programs need to be evidence-based, fully supported by clear and accurate information on the implementation of EU standards and criteria on the ground. The present First Report highlights the importance of the role of the local government in the pro-cess of integration of Albania into the European Union related to the compliance with the accession commitments and criteria as from year 2017. The structure of this paper is based on the National Plan for European Integration 2017-2020 and the European Commission Report on Albania. It is also referred to the national strategic and political documents and the legal framework for each fi eld of the EU accession criteria and standard, for which the local government entails responsi-bilities within the framework of the local self-government functions provided by Law 139/2015 “On Local Self-Government”.

2. MUNICIPALITIES IN THE EU INTEGRATION PROCESS OF AL-BANIA, THE FIRST NATIONAL REPORT

Municipalities in the EU integration process of Albania”, is the fi rst national report drafted on the local government accountability in the process of integration of Albania in the European Union. Based on the National Plan for European In-tegration 2017 – 2020 and European Commission Report on Albania, this report represents the level of fulfi llment by the local governments in 2017 of EU related matters, part of the country’s EU agenda. The report comes two years following the undertaking of the reform on decentralization and local governance and the new administrative and territorial division of the country as one of its core compo-nents. Its purpose is to bring to the attention of the central and local government the importance of the latter in Albania’s EU integration process by presenting its responsibility in meeting EU accession criteria and standards, and the status of their fulfi llment in 2017, which can serve as the basis for assessing the perfor-mance of local government in the integration process in the coming years. This Municipalities’ performance report about EU related matters is the fi rst exercise

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of the kind. It is a snapshot of how Albanian municipalities are doing in fulfi lling responsibilities that are clearly related to the accession process of the country. Municipalities give a contribution in important areas such as rule of law, human rights, social policies, agriculture and rural development, education and environ-ment to name a few. The process of data collection has been carried out during November 2017 - January 2018 and professionally assisted by the Agency in the Support of Self-Local Government and the Ministry of Interior. In addition, the Local Coordinators that manage the EU Desks in each Municipality have contrib-uted in the process of data collection as well in each of their respective municipal-ities, referring to the report (Europe”, 2018).

The data for this report have been collected through a matrix organized/struc-tured according to three components as in the European Commission Country Report (political criteria, economic criteria, ability to assume membership obliga-tions) in which the local government entails responsibilities within the framework of functions of local self-government provided in the Law 139/2015 ‘On Local Self-Government. For each of the sectors, objectives have been selected as defi ned in the national strategic and political documents and which, at the same time, are priorities under the National European Integration Plan 2017-2020.

In 2017, citizens received answers to their requests and complaints from their municipalities on average in 75% of the cases; however, provision of offi cial re-sponses does not either necessarily represent a full addressing of citizens’ requests and complaints, or represent solving of the problems they embrace. There are still no local government performance management systems in place. Community structures have not yet been established. During 2017, all municipal decisions or the most important decisions have been published on the municipality website in about79% (Europe”, 2018) of the country’s municipalities. No municipality in the country prepares a budget for citizens. Public hearings and discussion forums with social groups within the community are the two main methods used by the munic-ipalities for the community inclusion in this process. Until 2017, 79% (Europe”, 2018) of the country’s municipalities have not undertaken any activity to promote the services; 96% of the municipalities have not allocated a special budget to sup-port small and medium-size enterprises. Up to 2017, 57% (Europe”, 2018) of the country’s municipalities have not a complete or facilitated road network, linking the agricultural areas to their shopping centers and neighboring municipalities, while 21% (Europe”, 2018) of them have a partial or a partially facilitating net-work. In 2017, 10% (Europe”, 2018) of the country’s municipalities cooperated with the regional education directorates to improve or expand the opportunities for vocational education in their territory, according to the labor market needs. Until 2017, 61% of the country’s municipalities have established a child protection unit in the structure responsible for social services; the unit is still missing in 34%

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(Europe”, 2018) of them; 49% of the municipalities have also created a monitor-ing system on cases of children at risk and / or in need of protection; in 44% (Eu-rope”, 2018) of the municipalities such system is still missing. Up to 2017, 28% (Europe”, 2018) of the municipalities of the country have established a system for monitoring the cases of violations of the rights of national minorities in their terri-tory; the national minorities that are subject to monitoring in these municipalities are mainly Roma and Egyptian minorities. Until 2017, 62% (Europe”, 2018) of the country’s municipalities have not yet prepared a local integrated waste man-agement plan.

3. CONCLUSIONS

The challenges that local government has in the process of integration at local level related to fi scal decentralization, public and social services, governance and the rule of law.

The main conclusions:a. Fiscal decentralization:

• Review the grant formula (ensuring a balanced weight between the number of population versus geographical size and density) in order that a fair distribution of funds, in particular in small size municipalities is maintained;

• Negative effects on the revenues due to transfer of capital from small and me-dium size to big size municipalities, due to the internal migration, should be taken into consideration;

• The local government grant must be accompanied with investments based on a transparent fi nancing scheme;

• Develop a system to increase the local revenues for the exploitation of local natural resources by increasing the share of mineral rent that is transferred to the municipalities, the share tax for use of water resources for production of energy, or other related taxes;

• Increase government investments in the labour generation activity/sectorsb. Social/public services:

• More support is required to strengthen human resource capacities as well as statistical capacities, in particular in small and medium size municipalities.

• There is a need to increase the fi nancial allocations from the central govern-ment to ensure better social services quality and coverage.

• Strengthening the cooperation with CSOs and joint efforts aiming municipal-ities for ensuring that joint social enterprises are established.

• - Also preparation and implementation of EU funded and other donors’ project

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should be done jointly to ensure more sustainability and better impact of services

• More effi cient fi nancial support scheme (grants, soft loans) to be provided at the local level to support family business and small business developments as a way to reduce categories of families/persons benefi ting from economic aid

• More involvement of the municipalities in selection of populations benefi ting from the Economic Aid scheme

c. Governance and Rule of Law

• Greater clarity is required regarding the division of competencies between local and central government.

• The local government empowerment needs to be strengthened to ensure full execution of own functions, by ensuring not only the right of inspection but also the right of sanctioning when

the law is violated;

• Better coordination with central government is needed. Communication be-tween central government and local government must be enhanced

· Central government responsiveness towards issues raised by the local govern-ment needs must be improved

• More competences must be allocated to the municipal police in the area of confl ict resolution;

• Competences of the Local Construction Inspectorates must be strengthened

4. WORKS CITED

• Europe”, P. “. (2018). Municipalities in the EU integration process of Albania. tirana: 2018, April .

• The report is available on the project’s website: www.bpe.al and here:http://bpe.al/sites/default/fi les/publications/Raporti- Final-en.pdf)

• Ligji Nr. 139/2015 “Për vetëqeverisjen vendore”, Fletore zyrtare 2015, Nr.249, data 17.12.2015

• Vendim i Këshillit të Ministrave nr. 42,”Për miratimin e Planit Kombëtar për Integrimin Evropian 2017–2020”, Fletore Zyrtare 2017, NR.12, datë 25.1.2017

• Raportit të Komisionit Evropian mbi Shqipërinë 2016 http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_albania.pdf

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DIVISION OF TERRITORIAL WATERS UNDER INTERNATION-AL LAW

PhD (c ) Kasëm CENAJDoctoral student at European University if Tirana

k.cenaj@gmail.com

Abstract

Currently, the Republic of Albania has started consultations with the Greek side on the defi nition of interstate maritime borders. The idea is to make a fair separa-tion, as foreseen in international the Law of the Sea. In order to reach fair conclu-sions, it was necessary to defi ne in advance some of the defi nitions given by the International Conventions. This area is relatively new and unpaved by academics, militaries, Albanian lawyers who have been unequally faced with the Greeks in this agreement because they have human capacities of the best levels, institutions and special institutions of the sea. The method used to relegate this study is that of comparison and deduction. For a better understanding of the International Law on the legal separation of the sea, it is imperative to look at history, where the breadth of territorial waters has always been the subject of crises, confl icts, a high risk point and a major obstacle to reaching many agreements in regionally and globally level.

Key words: maritime border, maritime agreement, convention, territorial wa-ters, continental shelf.

1. INTRODUCTION

Under the customary International Law, the inland waters are an integral part of the territory. For more than two centuries, like the territorial waters, it is consid-ered a distance of 3 miles from the base line to the sea. But the international events of the 1960s and 1970s brought new concepts for the water separation regime, at

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the center of which was the defi nition of a legal line, for example, territorial waters up to 12 nautical miles from the baseline. These essential changes were supported by most states and were underpinned by the International Sea Law (LOS).

For a better understanding of the International Law on the legal separation of the sea, it is imperative to look at history, where the breadth of territorial waters has always been the subject of crises, confl icts, a high risk point and a major obsta-cle to reaching many agreements in regional and world scale. Understanding the present and being competent in solving complicated sea situations, it is imperative to refer to the past as well. In general terms, I would say that land control over the sea ends where it ends, even the effectiveness of the fi repower of weapons used by man. “1

2. TERRITORIAL WATERS DIVISION ACCORDING TO INTERNA-TIONAL LAW

Width of Territorial Waters

One of the problems that has sparked more controversy in maritime affairs was the width of territorial waters. It was necessary to know where the territorial wa-ters of a state begin and end, what rights do ships enjoy while sailing in these wa-ters? Precisely, in view of such requests, international law has made the division of waters belonging to a coastal state. But how has it evolved over the centuries this division will be explained below.

Territorial Waters is called the water belt that starts from the base line of the coast that divides the inland waters towards the sea. They are under the full sov-ereignty of the coastal state to which they belong. Also, the coastal state is also known for its full sovereignty over the air space and the seabed stretching above and below the territorial waters. Also in the territorial waters enter all the rivers of rivers, bays, gorges, lakes and harbors; all of these are in the inner waters. But there must be a clear distinction between Territorial Waters and Domestic Waters, because there is a huge legal difference between them.

The Internal Waters are the water spaces that extend from the base line to the ground. They are under the full sovereignty of the coastal state to which they be-long geographically. The coastal state has full sovereignty in such waters as in its territory, and in special cases it may deny foreign ships entrance to these waters.

1 .See more at A.Goga, “Ligji Ndërkombëtar dhe e Drejta Detare”, Tirane 2005

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3. GENEVA CONVENTIONS (1958-1960)

In June 1956 was created the UN International Commission of Laws, which among others decided:

• The Commission considers it necessary to emphasize that the Internation-al Law does not allow the extension of the territorial waters to more than 12 miles.

• The Commission, without taking any decision on the extent of territori-al waters up to the 12 mile limit, underlines that on the one hand, many states have defi ned a distance of over three miles, and on the other hand, many states do not recognize this latitude when their territorial waters are less than this distance.

• The Commission decided that the size of the territorial waters should be decided by an international conference.

The conference was held in Geneva from 24 February to 27 April 1958, attend-ed by delegations of more than 87 countries. However, even in this conference did not come to the conclusion of an exact formula for determining the width of territorial waters. There were a total of 13 proposals, six of which were voted, and none of them could get over 2/3 of the vote.

4. NATIONAL MARITIME CLAIMS

Below, will be provided data on the maritime claims of many countries about Territorial Waters, Fishing Areas and Exclusive Economic Zone. As it turns out, and from the data of this study, the territorial claims between states are different. This is determined by their geographic position and other political-economic fac-tors in the region.

a. Archipelags

Since there is an inseparable link between water and islands, an archipelagic state has established a special regime for the defi nition of territorial waters in these states. In these cases the archipelagic straight line is used, which is created by the union of the most extreme points of the islands or rocks. As an example of the application of this method, they are the defi nition of the territorial waters of the Philippines and Indonesia.

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b. Bays and gorges

A fi erce debate has been developed over the years as to where the inland waters of the gulfs and gorges end, and where they begin their territorial divisions. It was initially established that, in cases where the entry of a bay or gorge is less than 6 nautical miles, the territorial waters start from the base line between the tangents in the direction of the sea of their entry. All waters extending into the interior of the ground from this line are considered as internal waters. In practice as well as by treaties, the same rules apply to bays and lances, which have a width of 10 to 12 miles, and even some states, have claimed claims for larger width bays. Since such a claim has been for a long time, and other states have accepted it, a special clas-sifi cation exists in these cases. The so-called historic bays fall into this category.

Since in recent years different countries have followed different practices in defi ning the territorial waters of the gulfs, the 3rd Conference on the Law of the Sea (LOS) took this issue into account and determined that:

“….If the distance between the shore signs that occur during the high tides and the natural access points of a bay does not exceed 24 nautical miles, a closing line should be removed between these points and all the water space is included within this basin, called water the interior. When the distance between the coast marks that appear during the low tides exceeds 24 miles, a base line should be removed in order to include a water surface as large as possible with a line at that length” (Goga, 2005) .

Defi nitions have also been made for the semiconductor method, to determine that a water space is a bay or anchor, and that sanction not changing the setting of the historical bay. In addition, the conference sanctioned that islands located in atolls with drifting atolls can use the straight line in the application for measuring territorial waters. From here it is determined that the waters that are found in the lagoons of these atolls are called internal waters. According to Article 7 of the First Geneva Convention (1958) and Article 10 of UNCLOS (1982), bays spaces smaller than the semicircle are not called breastfeeding.

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Fig. 1, Source: A. Goga“Ligji Ndërkombëtar dhe e Drejta Detare - Regjimet Ligjore në Det”. Tirane 2005.

5. CONCLUSIONS

Bearing in mind international practice, the method of equality has not been transformed into a principle of customary international law and the imposition of boundaries may depart from this method. So equalization remains a method like the rest of us today. With the objective of applying fair and honest principles in delimitation, equality as a method is divided into three main categories:

• The rigid or rigid equilibrium that applies when the coasts are compara-ble, relatively uniform and in the intermediate space there are no islands.

• Simplifi ed equalization, used for complex shores.

• Modifi ed Equal-distance, which is used to avoid the effect of offshore islands, in the case of splitting of frontal bridges.

From the conclusions drawn from international law, as well as from similar issues judged by genuine ICJ jurists and experts, where the separation of the maritime border can be made on the basis of the principle of fairness and not of equal-distance, in narrow water spaces, treated from the point of view of the defi -nition of this article and of “close proximity”.

The presence of a third state is another argument and at the same time, one of the basic factors of the rule of law dealt by international law to resolve as fairly as possible a border division issue.

Normally, a group of seaman experts, an arbitration tribunal, international court, in order to give a fair settlement to an agreement or dispute over the division of maritime borders, should be based on the following elements:

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a. international conventions that are recognized and ratifi ed by States Parties to the Agreement

b. custom laws, as evidence of the general practice of nations and accepted as laws

c. the general legal principles accepted by civilized nations

d. subject to Article 59, judicial decisions and studies of the world’s most qualifi ed publicists, as an aid element in the determination of legal rules.

I think that the Albania-Greece agreement on the “Deletion of the respective continental shelf areas” should refl ect the provisions of the abovementioned Con-vention and the requirements of the provisions of the Maritime Code of the Re-public of Albania. Article 12 of the Maritime Code provides that: “The Albanian maritime space consists of:

a. inland sea waters;

b. neighboring area (ongoing);

c. exclusive economic zone;

d. continental shelf

Between the two states, Albania and Greece, there may be no agreement con-tinuing the maritime legal regime, as it has been stipulated in the Florence Proto-col of 1926, Article 10, so the territorial waters of states should not cross the line that divides the middle between these waters. In this case, between Albania and Greece, an agreement should be drawn up to establish a special regime by creating a common property area.

According to the Albanian legislation, the negotiating group for the Alba-nian-Greek agreement should have its composition, in addition to the representa-tives of the Ministry of Foreign Affairs and representatives of the Naval Forces of the Republic of Albania, with the profession of lawyers and navigators, Justice and seven other ministries, under the Maritime Code, to reach “a fair solution” for the delimitation of the continental shelf, and for the maritime border between Albania and Greece.

6. LITERATURE:

• A. Goga, “Ligji Ndërkombëtar dhe e Drejta Detare - Regjimet Ligjore në Det”. Tirane 2005

• H.Wheaton, “Elements of International Law”, Oxford, The Clarendon press; London, H. Milford, 1936.

• Manual “Përmbledhje i Ligjeve të Detit”. Qendra e shtypit, botimeve dhe

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përktimeve ushtarake. Tiranë, 2004

• Kapiten. Anastas GOGA. “Ligji Ndërkombëtar dhe e Drejta Detare”. 2005

• Prof. Arben PUTO. “E Drejta Ndërkombëtare Publike.Tiranë”, 2008

• Prof. Dr. Zejnullah GRUDA. “E Drejta Ndërkombëtare Publike”. Prisht-inë, 2009

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IMPACT OF ELECTROMAGNETIC RADIATION ON ENVIRON-MENT

MSc. Launora Bilalaj Dr. Esmeralda HoxhaUniversity College “Pvaresia Vlore” University College “Pvaresia Vlore”

Vlora, Albania Vlora, Albania

launora.bilalaj@unipavaresia.edu.al esmeralda.hoxha@unipavaresia.edu.al

Abstract

In recent years, communications sources have increased and there is continu-ing change in the frequencies used and variety of applications. Nowadays, use of devices has become an indispensable part of our lives like computer, cell phones, laptop etc. All these devices emit radiations, which means that are present ev-erywhere in the universe and has become vital to human existence. Electromag-netic radiations consists of electric and magnetic waves that travel at the speed of light through space. The electromagnetic spectrum contains an array of elec-tromagnetic waves increasing in frequency from Extremely Low Frequency and Very Low Frequency, through Radio Frequency and Microwaves, Infrared (IR) light, Visible Light, Ultraviolet (UV) light, X-rays, and Gamma rays. We are be-ing constantly exposed to environmental electromagnetic radiation. The increase continued through development of power stations, radios, televisions, computers, mobile phones, radars and numerous devices used in industry and home. These technological advances have aroused concerns about the potential health risks as-sociated with unprecedented levels of electromagnetic radiation exposure. Many researchers are working in this fi eld and there are many studies related to elec-tromagnetic radiations. This paper reviews different studies regarding the impact of electromagnetic radiations and tries to analyze their infl uence and how we can protect ourselves. Although, more study is needed to be conducted to reach any conclusion in this fi eld.

Key words: Electromagnetic radiation, Spectrum, Mobile communications

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1. INTRODUCTION

Despite the rapid growth of new technologies using RFs, little is known about population exposure from these and other RF sources and even less about the rela-tive importance of different sources. In a typical house, non-occupational exposure could come from external sources, such as radio, television, and mobile-phone base stations, as well as internal sources, such as a faulty microwave oven, in-house bases for cordless phones, or use of mobile phones. The fi rst mobile phone systems were analog and used 450 and 900 MHz Digital systems, operating at somewhat higher frequencies (1,800–1,900 MHz) and using different modulation techniques, became prevalent in the early 1990s. Currently, the third-generation systems using the Universal Mobile Telecommunication System are being intro-duced, which will operate in the 1,900–2,200 MHz frequency range. Occupation-al RF exposures occur to workers engaged in a number of industrial processes, particularly when using dielectric heaters for wood lamination and the sealing of plastics and industrial induction heaters.

Figure 1- The electromagnetic spectrum [2]

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Relatively high levels of exposure to RFs can occur to workers in the broad-casting, transport, and communications industries and in the military, when they work in close proximity to RF transmitting antennas and radar systems. Medical exposures can come from medical diathermy equipment to treat pain and infl am-mation, electrosurgical devices for cutting tissues, and diagnostic equipment such as magnetic resonance imaging. Despite the rapid growth of new technologies using RFs, little is known about population exposure from these and other RF sources and even less about the relative importance of different sources. In a typ-ical house, non-occupational exposure could come from external sources, such as radio, television (TV), and mobile-phone base stations, as well as internal sources, such as a faulty microwave oven, in-house bases for cordless phones, or use of mobile phones. Radio and TV transmitters have a large coverage area and there-fore operate at relatively high power levels up to about 1 MW. Although these transmitters could generate fairly high fi elds at ground level, most are not located in heavily populated areas and do not lead to high exposure of the population.

2. LITERATURE REVIEW

In this article, we will represent related works over impact of electromagnetic radiation on environment. According Jain Aanchal and Bansal Sumit at [1] (Jain Aanchal Bansal Sumit, 2017) that as there are studies that prove that electromag-netic radiations are hazardous for human health as well as environment, at the same time many studies have also proved that there are no strong evidences on which it can be confi rmed that these radiations are harmful.

Mahmoud M. Dawoud at [2] (Dawoud, 2003) that the most important appli-cation of Radio Frequencies energy is in providing telecommunication services. These applications include radio and television broadcasting, cellular telephony, personal communication services, cordless telephones, business radio, radio com-munications for the police, amateur radio, microwave point-to-point links and sat-ellite communications.

Ali Zamanian and Cy Hardiman at [5] (Ali & Cy, 2005) some reasons exist for being concerned about human health effects from the cellular phones themselves. These concerns exist because the antennas of these phones deliver much of their RF energy to small portions of the user’s head.

3. METHODOLOGY

Although, the rapid growth of new technologies using Radio Frequencies Elec-tromagnetic Radiation, information on the exposure of individuals for these and

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older existing RF sources is scarce and even less is known about the relative impor-tance of different sources. The relative contribution of these sources to exposure depends on individual home and workplace circumstances. For a given source, the actual exposure to RF depends on a number of factors. Regarding mobile phones, the characteristics of a certain phone (particularly type and location of the anten-na), the way the phone is handled, the distance from the base station, the frequency of handovers and RF traffi c conditions are of prime importance. Similarly, RF fi elds from mobile phone base stations also exhibit a complex pattern, infl uenced by numerous factors, such as, the output power of the antenna, the direction of transmission, the attenuation due to obstacles or walls, and any existing scattering from buildings and trees. There are, therefore, signifi cant challenges in assessing the exposure of individuals in the general population to RF signals, including the number and range of sources involved and the effect of the environment on sig-nal’s strength, as people move around. We will analyze different research work on this fi eld and provide some advices on how to protect from these sources. The methodology used is analytical.

4. ELECTROMAGNETIC FIELDS AT HOME

In recent years, communications sources have increased and are continuing to change in the frequency band and the variety of applications used. Currently, the fourth-generation systems using the Long Term Evolution was introduced, which operate in the 2 – 8 GHZ frequency range. Although the rapid growth of mobile generations and technologies using Radio Frequencies, there is need of advanced research about electromagnetic impact on environment, especially the infl uence of mobile telephone base stations. The antennas used in mobile communication pro-duce electromagnetic radiation and expose people near them. The exposure levels are generally low, because the communication system made up from the mobile phone and base station is considered a low power system. The consensus of the scientifi c community is that the power from these mobile base stations antennas is far too low to produce health hazards as long as the general public is kept away from direct access to the antennas. It is also important to differentiate between the antennas that produce the RF radiation and the towers, which are the structures that support the antennas (Dawoud, 2003).

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Figure 2 - Typical magnetic fi eld strength of household appliances at various dis-tances

(Source: Federal Offi ce for Radiation Safety, Germany 1999) [15]

5. DISCUSSION

How to protect ourselves from Electromagnetic Radiation? In the modern age, electronic devices like laptops, tablets and cell phones all emit Electromagnetic Radiation (EMF), and to avoid it would be impossible. However, it is possible to mitigate the risks and decrease the exposure levels. To protect ourselves from Electromagnetic Radiation, there are three effective options: (I) Time of exposure, which means the amount of energy that, can effect changes on cells subtly over time. Take advantage of this by turning on your cell phone only when you need it. Turn your computer on when you use it. Take breaks from using your devices when possible. (II) Distance from exposure, means that the farther you are away from a radiation source, the less exposed you are to its power. That is because radiation follows the inverse-square law. (III) Shielding yourself from exposure, it is possible to guard against Electromagnetic Radiation from electronic devices, by using a radiation shield that can defl ect, divert, and absorb the radiation that’s between you and the source. The amount of shielding or type of shielding you need to protect against different types of radiation depends on how much radiation the source emits.

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Figure 3- The cell phone antenna on the terrace of buildings (Vlore City)

Figure 4- The main application in each frequency range [2]

6. CONCLUSIONS

Electromagnetic Radiation is energy. It can have a profound effect on cells over time. It is recommended that the entire buildings construct out of radiation defi nes, and as well, must use of good protection for all high voltage transmission lines. In urban, most of transmission lines must mount from underground, because high voltage radiation impacts will reduce, also there is some equipment that neutralize radiation effects and prevent to scattering of harms of electromagnetic radiation effects, when electrical and communications companies want to mount their radi-ation devices, they must attend to all above outlines that mentioned. According re-sults of the correlation analysis, based on the experimental data, it was concluded that the suffi cient infl uence on the value of electric fi eld intensity under the trans-mission line belongs to the factors which are able to change the conductors sag

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greatly and consequently change the distance between the conductive lines and the measured point. Besides the considered above factors, the change of the relief un-der the transmission lines infl uences on the distance between the conductive parts line and the ground surface. Research is still being conducted on a continuous basis to fully grasp the long-term effects of non-ionizing electromagnetic radiation exposure. The best way to be protected is to have more information in this fi eld.

7. REFERENCES

• [1] Aanchal. J & Sumit, B. (2017). Electromagnetic radiations: hazardous or not? International Research Journal of Environment Sciences , 51-54.

• [2] Dawoud, M. M. (2003). High Frequency Radiation and Human Expo-sure. Proceedings of the International Conference on Non-Ionizing Ra-diation at UNITEN (ICNIR 2003) (p. 7). Saudi Arabia: Electromagnetic Fields and Our Health.

• [3] Mohammadreza Aghaei, Y. H. (8-10 Nov 2018). A Review on the Impact of the Electromagnetic Radiation (EMR) on the Human’s Health. Proceedings National Graduate Conference 2012 (NatGrad2012) (p. 6). Selangor: Universiti Tenaga Nasional, Putrajaya Campus.

• [4] Kottou S, Nikolopoulos D, Vogiannis E, Koulougliotis D, Petraki E, et al. (2014) How Safe is the Environmental Electromagnetic Radiation? J Phys Chem Biophys 4: 146. doi:10.4172/2161-0398.1000146

• [5] Ali, Z., & Cy, H. (2005). Electromagnetic Radiation and Human Health: A Review of Sources and Effects. High Frequency Electronics , 7.

• [6] Frei P, Mohler E, Burgi A, Frohlich J, Neubauer G, et al. (2010) Clas-sifi cation of personal exposure to radio frequency electromagnetic fi elds (RF-EMF) for epidemiological research: Evaluation of different exposure assessment methods. Environ Int 36: 714-720.

• [7] Trcek T, Valic B, Gajsek P (2007) Measurements of background electromagnetic fi elds in human environment. IFMBE Proceedings 11th Mediterranean Conference on Medical and Biomedical Engineering and Computing 2007, Ljubljana, Slovenia MEDICON 16: 222–225.

• [8] Adair RK (2002) Vibrational resonances in biological systems at mi-crowave frequencies. Biophys J 82: 1147-1152.

• [9] Röösli M, Frei P, Bolte J, Neubauer G, Cardis E, et al. (2010) Conduct of a personal radiofrequency electromagnetic fi eld measurement study: proposed study protocol. Environ Health 9: 23.

• [10] Hagras, A. M., Toraih, E. A., & Fawzy, M. S. (2016). Mobile phones electromagnetic radiation and NADþ-dependent isocitrate dehydrogenase

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as a mitochondrial marker in asthenozoospermia. Biochimie Open , 19-25.

• [11] Kumar, N., & Kumar, P. G. (2009). Biological Effects of Cell Tower Radiation on Human Body. ISMOT , 16-19.

• [12] Cleary SF, Pasternack BS (1996). Lenticular changes in microwave workers. A statistical study. Arch Environ Health. 2:23–29.

• [13] Santini R, Santini P, Danze JM, Le Ruz P, Seigne M. (2003). Symp-toms experienced by people in vicinity of base stations: II/Incidences of age, duration of exposure, location of subjects in relation to the antennas and other electromagnetic factors, 412–415.

• [14] Schüz J, Mann S. (2000). A discussion of potential exposure metrics for use in epidemiological studies on human exposure to radiowaves from mobile phone base stations. J Expo Anal Environ Epidemiol, 600–605.

• [15] Lombry, T. (2000, September 29). LUXORION. Retrieved May 29, 2018, from LUXORION: http://www.astrosurf.com/luxorion/qsl-em-radi-ation2.htm

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APPLYING THE EUROPEAN ARREST WARRANT TO CANDI-DATE COUNTRIES FOR THE EUROPEAN UNION

Dr. Myzafer ELEZIVice Rector for Scientifi c Research

University College “Pavaresia Vlora”myzafer.elezi@unipavaresia.edu.al

Since the collapse of the communist system in Albania, our country aspired to join the European Union. One of the main criteria it has been and it is the rein-forcement of the institutions and the reform of the justice system. In this regard, a considerable number of international conventions, Council of Europe, United Nations etc., have been ratifi ed, taking responsibility as parties to these conven-tions. Albania, also has joined international police organizations such as Interpol, Europol and SELEC. A number of existing laws have been radically changed, including the Constitution of Albania, and many other laws have been adopted, in accordance with international conventions and the legislation of the European Union countries.

Also, some conventions and bilateral co-operation agreements have been rat-ifi ed in the criminal fi eld to resolve many internationally-charged criminal cases. Here we can mention the Convention on Mutual Legal Assistance in Criminal Matters, the Convention on the Transfer of Criminal Proceedings, the Transfer of Penalties, and so on. A post-communist Albanian innovation has also been the adoption of the European Convention on Extradition, enabling the extradition of a large number of people who are wanted by justice authorities in our country or from different countries around the globe.

In this context, in order to have effi ciency in the area of co-operation for criminal offenses, in 2002 the Council of the European Union adopted a document known as Framework Decision no. 2002/584/JHA, which aims to replace the classic ex-tradition procedures with simpler procedures. For the purposes of this Framework Decision, any judicial authority of an EU Member State has the right to issue a European Arrest Warrant for the detention and surrender of a person from another Member State with a view to executing its sentence or prosecution. In this paper we will present some legal aspects related to the application procedures of the European Arrest Warrant, the change from extradition, and the possibility of its

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inclusion in the domestic legislation of Albania or other countries aspirant to the European Union.

Key words: European Arrest Warrant (UEN), framework decision, arrest, de-tention, extradition, international cooperation, etc.

1. INTRODUCTION

UEN is a court decision issued by a judicial authority of an EU Member State with respect to the detention and the transfer of a person from another Member State in order to execute a sentence of conviction or to pursue criminal prose-cution1. This document is endorsed by the Council of the European Union with Framework Decision no. 2002/584 / JHA of 13 June 2002, with the aim of replac-ing classic extradition procedures with simpler procedures, given that the entire political and administrative phase is replaced by a judicial mechanism, eliminating any interference by political authorities. This Decision is based on the Treaty of Amsterdam, which aims to bring the EU into an area of freedom of security, and justice came into force on 01 January 2004. According to the above Decision, UEN2 requires the national judicial authorities of member states, recognize, ipso facto, and with a minimum of formalities, the request for the surrender of a per-son made by the judicial authority of another Member State and after a minimum check, to submit the requested person.

The Framework Decision also recognizes the right of Member States to con-clude bilateral agreements between them, as long as such agreement has a positive impact on facilitating the person’s surrender procedures.

2. THE CONTENT AND FORM OF THE EUROPEAN ARREST WAR-RANT.

In order to determine the content and form of UEN, we refer to Article 8 of the Framework Decision which provides that the European Arrest Warrant should contain the following information:

a) Identity and citizenship of the requested person;

b) Name, address, telephone and fax number, and email address of the issuing

1 Article 1, paragraph 1, of the Decision - Framework of the Council of the European Union of 13 June 2002, “On European Arrest Warrant and Delivery Procedures Between Member States”.2 Decision - EU Council Framework no. 2002/584 / JHA of 13 June 2002. Offi cial Journal OJ L 190, 18.07.2002

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judicial authority;

c) Evidence of an enforceable court decision for an arrest warrant or any other applicable judicial decision having the same power;

d) The nature and classifi cation of the offense;

e) A description of the circumstances in which the offense was committed, including the time, place and degree of participation in the offense of the requested person;

f) The punishment provided, whether it is a fi nal court decision or the rate of punishment for that offense under the legislation of the issuing member state.

g) If possible, other consequences of the offense”3.

Also, this article provides for the translation of UEN, according to which the European arrest warrant must be translated into the offi cial language or one of the offi cial languages of the implementing member state.4

3. PROCEEDINGS OF THE EUROPEAN PROHIBITION ORDER

Under the Framework Decision, UEN is any judicial decision issued by a Mem-ber State for the purpose of arresting or delivering from another Member State of a requested person to:

• Conducting criminal prosecution;

• Execution of a criminal punishment;

• Execution of an arrest warrant.

Article 1, paragraph 2 of the Framework Decision on UEN provides that mem-ber states “shall execute any European Prohibition Ordinance”, while Article 2 provides for cases when the competent judicial authority issues UEN, which are:

• For the prosecution or trial, if the criminal offense is punishable by the law of the issuing state with a deprivation of liberty for at least 12 months,

• For the execution of a custodial sentence of more than 4 months,

• For the execution of a fi nal sentence, it is higher than 4 months.

• For offenses punishable by imprisonment or an arrest warrant for a maxi-

3 Article 8, paragraph 1 of the Framework Decision on UEN.4 Article 8, paragraph 2.

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mum period of at least one year.5

The UEN must contain information on the identity and citizenship of the re-quested person, the court issuing authority, the fi nal judgment judgment, the na-ture of the facts and their legal qualifi cation, the description of the circumstances in which the offense was committed, the nature of the offense, according to an approved type form set out in the Decision6 and sent to the judicial authority in whose territory the person directly sought is located by any secure means, either through the Schengen Information System (SIS), through the EUROJUST Euro-pean Judicial Network or the Interpol’s.

Based on the legal power of the conditions for the granting of UEN, the de-cision under Articles 3 and 4 provides for cases where the UEN does not apply, sanctioning mandatory conditions and optional conditions.

Mandatory conditions which are:

• The principle “ne bis in idem”, no one can be punished more than once for the same offense;

• The criminal offense was amnestied at the place of execution of UEN;

• The person has no criminal liability due to age, according to the law of the execution country.

While the optional conditions that refer to the internal conviction of the judge and the facts presented in the process are:

• There is no double blame, except for criminal offenses in the fi eld of taxes, taxes, customs and foreign exchange;

• The person is subject to a criminal procedure at the UEN’s execution site, for the same fact as UEN’s object;

• The person has been tried by a fi nal decision from a non-EU country;

• UEN includes criminal offenses, which according to the law of the execut-ing State, have been committed in the territory of that state;

• According to the law of the executing state, the fact that UEN is subject to it has been prescribed, and so on.

4. CHANGE OF UEN FROM EXTRADITION.

The decision - the framework and the legal framework of the Extradition are

5 Council Framework Decision 2002/584 / JHA of 13 June 2002 on the European Arrest Warrant, General principles. 6 Article 8 of the Framework Decision on UEN

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two mechanisms that have the essence and purpose of the same, but differ in shape. The simple form has made UEN to be characterized by success. The differences between them consist in two directions:

a. The fi rst change relates to the conditions where UEN has considerably reduced the number of mandatory conditions from 10 to 3, and even some conditions for political reasons or the offenses committed by the military have not even includ-ed in the optional conditions;

b. The second change relates to procedures where UEN has eliminated the adminis-trative stage, and the central authority is now simply informed of courtesy.

Unlike the extradition mechanism where the administrative procedure is con-ducted by the central authority that is the Ministry of Justice which verifi es wheth-er the submitted documentation meets or does not meet the conditions laid down in the European Convention on Extradition, UEN’s execution procedure and the surrender of the requested person, the execution decision is the competence of the judicial authorities where the preliminary assessment of UEN’s legitimacy is done, eliminating the fi lter exercised by political authority7. Thus, in the UEN case, the Framework Decision does not provide for a two-stage procedure, such as extradition, issuance of court order, and approval by an administrative body, but a single procedure, making UEN succeed this direction.

In the case of detention of a requested person, extradition documents shall be sent to the judicial authorities of the executing State through diplomatic channels within 40 days, and in the cases when UEN is applied, this order shall be sent within 48 hours.

The decision to review the request for extradition has any court in the territory of which the subject is arrested, whereas in relation to the UEN, this right is usu-ally the law of the Appeal Court in the jurisdiction of which the requested person has been found, but it depends on the defi nition provided for in the domestic law of the Member States.

The Framework Decision for UEN provides for an accelerated procedure in cases where the person to whom this order is issued gives his consent for delivery, and within 10 days8 from the moment when the decision is fi nal, the person must be submitted to the state authorities asks. While in the case of a normal procedure the person’s delivery must be done within 60 days. Such a procedure is not fore-seen in extradition cases.

In cases of extradition a compulsory condition is double blame, so the criminal offense for which extradition is required is foreseen in both the requesting and executing courts in UEN cases is foreseen the immediate delivery of 32 offenses

7 Artan Hoxha, “Extradition and European Prohibition Order”, Morava publishing house, Tirana 2011, page 211.8 See: Article 13 of the Framework Decision for UEN.

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foreseen with a sentence of 3 years of imprisonment , without the need to dou-ble-blame the internal law of the Member States9.

According to Article 3, fi rst paragraph of the European Convention “On ex-tradition”, it is foreseen the refusal of extradition in cases where the criminal of-fense for which extradition is sought is considered a political offense, while in the Framework Decision on the UEN provides for a deadline of 24 hours for the ap-peal UEN does not provide for the refusal of a person to be handed over for acts of political or military character to a decision of the Court of Appeals, whereas when recourse to the High Court is fi led within 5 days, the High Court to be expressed within 3 days from the date the request is fi led.

In cases where there is a requirement for competition, ie an UEN and a request for extradition, or more than one UEN, the competent court has the right to decide which state to hand over the requested person, and in case the extradition request comes by the International Criminal Court, the latter has priority10.

In addition, the Framework Decision provides for a temporary surrender of a person before the execution decision of the UEN has become fi nal in order to make statements to the judicial bodies that have issued the UEN and to return to the court for execution. Temporary submission is not provided for in extradition proceedings.

The framework decision on UEN has abolished the principle of citizenship, unlike the extradition procedure, which provides for the refusal of extradition in cases where the requested subject is a national of the requested party and the states do not have bilateral extradition agreements between them. Such a restriction is also envisaged in Article 49111 of the Code of Criminal Procedure of Albania.

5. INVOLVEMENT OF UEN IN THE ALBANIAN LEGAL SYSTEM.

In order to approximate national legislation with that of the European Union countries, our country has made progress in this regard, as many laws drafted by us are bound by obligations under the SAA signing as a country aspiring to join the EU. Regarding UEN, law enforcement structures in the country need to be prepared for its implementation in the not-too-distant future. Preparation consists in recognizing UEN, and legal procedures for inclusion in our criminal legisla-tion, by analyzing compliance with the Constitution earlier, and with the need for

9 Article 2, second paragraph of Framework Decision.10 See: Article 16, fourth paragraph of Framework Decision. 11 Criminal Procedure Code of the Republic of Albania, Tirana, 2009. Article 491- Failure to accept the extradition request, point 1, paragraph “f”, provides that: “No extradition can be granted when the requested person is an Albanian citizen and there is no agreement to contemplate otherwise “.

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constitutional changes or not, to see if and to what extent UEN will be compatible with the principles the Albanian legal order, as well as the procedures followed by other countries, before the inclusion of UEN into their domestic legislation.

Unlike international agreements, including the European Convention on Extra-dition, which are ratifi ed by a special law and then apply to national legislation, the Framework Decision is not ratifi ed, but its UEN provisions should be incorporated into a normative act which requires not only changes to the Criminal Code and procedural, but also to the country’s founding law. The amendments should enable UEN’s compatibility with the country’s constitution or, as the case may be, envis-age the UEN’s legal regime in the spirit of constitutional principles12.

Since in the Republic of Albania, in the period 2016 - 2017, several legal acts have been drafted and approved which have amended and improved not only the Constitution of the country, but also the internal legislation in the penal fi eld, I think it is time for the experts justice, to begin preparatory work for the modalities of preparing the constitutional terrain. These changes and modifi cations have as their object the inclusion of UEN in domestic legislation so that when we join the EU we are ready to implement it.

6. CONCLUSIONS.

The European arrest warrant envisioned in the framework decision of the Coun-cil of the European Union is the fi rst concrete measure in the area of criminal law that applies the principle of mutual recognition that the European Union calls the “cornerstone” of judicial co-operation.

UEN aims to implement a new simplifi ed system of handing over convicted or suspected persons for the purpose of prosecuting or prosecuting criminal offenses, thus eliminating the complexity and the possibility of delays encountered in the current extradition procedure.

Through this framework decision, extradition procedures between member states are abolished and their replacement by a delivery system between judicial authorities. Thus, the European Union intends to return to a zone of freedom, security and justice by avoiding the delays that are encountered in the extradition procedure.

EU candidate countries, including Albania, are in the right phase to anticipate all the changes that national legislation must undergo, so that in the near future, which may lead to the opening of EU negotiations , can initiate appropriate pro-cedures for replacing extradition procedures with those provided for in the frame-

12 Artan Hoxha, “Extradition and European Prohibition Order”, publishing house Morava, Tirana 2011, page 318.

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work decision on UEN.

7. References:

• Constitution of the Republic of Albania

• Criminal Procedure Code of the Republic of Albania, Tirana 2009, as amended.

• Council Framework Decision 2002/584 / JHA of 13 June 2002 on the European Arrest Warrant, General principles. Offi cial Journal OJ L 190, 18.07.2002.

• Artan Hoxha, “Extradition and European Prohibition Order”, publishing house Morava, Tirana 2011.

• Myzafer Elezi, “International Police Co-operation”, publishing house UET Press, Tirana 2016.

• http://juridiksi.e-monsite.com/faqe/e-drejta-penale/urdheri-europi-an-i-ndalimit-valbona-ndrepepaj.html.

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TERRRORISM AS REAL THREAT

Dr. Av. Neshet NGUCAJ University College “Pavaresia Vlore”

Vlore, Albania N.Ngucaj_av@hotmail.com

Abstract

This paper analyzes the threat by terrorism that theartens the region and the world.

Terrorism can be viewed as a problem that needs to be resolved by military means (war), using police techniques (as a crime), or as a medical illness with root causes and symptoms.

Knowing these views is intended to help defi ne the policies and types of countermeasures that countries will use to deal with terrorism, which is indeed a very complex process due to the diversity of these groups.

In the conditions when terrorism is a technique with thousands of years of his-tory and use by different groups, the most acute concern for today’s governments are currently operating groups adapted to the circumstances of the time.

Today, terrorist organizations have overlapping means and provide mutual as-sistance and have links to criminal organizations involved in drug traffi cking and benefi t from weak governments that fi nd it diffi cult to stop their activities.

The causes of terrorism are almost the same as the causes of forms of political violence, such as coup rebellion, and so on. The inability of some individuals in democracies who feel frustrated to bring about changes that they consider to be right, leads them to violence. Preventing terrorism in the context of the war, hit in-dividuals who run (a concept of preventive warfare), counter-responses are harsh to group leaders. In terms of illness, reform packages may become part of the response to the suppression of terrorism support by the population.

Key terms: terrorism, democracy, prevention, government, threat.

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1. INTRODUCTION

States have been making constant historical efforts to fi nd ways to deal with and counteract terrorism, which can be considered within the framework of terror-ism, as unequal measures and efforts with the right approach and perspective, and no common opinion about a defi nition of terrorism. From the standpoint and point of view, it is also determined the measures that the countries will use in trying to faced with terrorism. Lack of a defi nition about terrorism has been diffi cult to penalize in the international arena 1. Facing terrorism in today’s world is really a very complex and diffi cult process, and has become an important phenomenon as well as a major security issue for many countries. 1.1. Ideas and defi nitions

There are a number of key ideas that are relevant to any debate that has to do with terrorism.

· Firstly, is the idea to select a functional defi nition;

· Secondly, the fact of defi ning the objectives and techniques to be used re-mains a concern;

· Thirdly, the rising risk of weapons of mass destruction;

· Fourthly, the spread of terrorism hampers and smoothes the distinction of international and domestic terrorism.

A functional defi nition of terrorism positively serves to differentiate the types of terrorist groups, including ideological, religious, and ethnic groups.

1.2. Terrorism as a Defi nition

Terrorism is a thousand years old phenomenon, and for this phenomenon there are a lot of defi nitions, because of the different opinions of scholars and analysts, infl uenced by their preferences. In the adoption of the UN Convention on the Fight Against Terrorism Financing,2 which defi nes the notion of terrorism as,: “An act intended to cause death or serious injury to civilians or any other person who does not participate in a situation of armed confl ict when the purpose of such an act is

1 Article 4/2 of the Second Orgasm, “On Internal Armed Confl icts” prohibits “acts of terrorism at any time and in every place” without specifying which ones are; As well as the Statute of the Inter-national Criminal Court of Rwanda, it defi nes the jurisdiction of this court for terrorist acts without defi ning them.2 The Hague Convention on the Fight against Illegal Deprivation of Aircraft of 16 December 1970, the UN Convention for the Prevention and Punishment of Crimes Against Internationally Protected Per-sons, including Diplomats of 14 December 1973, the UN Convention Against the Threatened Bombings of 15 December 1997 and so on.

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to intimidate the population or to force the government or an international organi-zation to perform or not perform a certain action”.

A functional neutral defi nition acknowledges the underlying fact that terrorism is considered a tactic used by many different types of groups, in which there are some key elements such as the threat or use of violence, referring to an organized group, to achieve political objectives, Terrorism is the weapon of the weakest (Lutz, J. M.; & Lutz, B. J.;, 2005). Terrorists are frightening against a target, by attacking individuals representing a member group of elite, government supporters, mem-bers of a particular ethnic or religious community or the public in general. Often, terrorist violence is a form of psychological warfare, which reduces or eliminates objections to the terrorists’ intentions. Terrorism is used by the weak, when they can not hope for their goals to win the election. Governments can often become targets of dissident terrorists, while countering terrorists in the defense of their citizens; in some cases, political leaders can tolerate these attacks by non-public groups against enemies, dissenting opponents of the regime or non-popular mi-norities. Governments in some cases can also provide active support to terrorists, including extreme cases of the formation of death squads to attack the enemies while maintaining the illusion of rebelling.

2. TERRORISM AS AN INTERNATIONAL CRIME

Referring to the current legislation that terrorism is considered to be a crime at the international level the criminal acts are different and must meet these condi-tions:

• Criminal acts must be of high social risk like murder, kidnapping, etc.....

• They have to affect the security of other states, which means they are not limited to the territory of a particular country, but they must have an interna-tional dimension.

• The spread of terror, fear and panic among the population is the sole pur-pose of these acts.

Motivation of acts must be for political, religious or other ideological reasons. It is thus excluded the commission of a terrorist offense for personal or private purposes.

Subjects that commit terrorist acts may be usually, (members of terrorist orga-nizations); as well as special subjects (state offi cials)., and In the last one, respon-sibility for the state involved in terrorist practices can also arise.

The implication of a particular state in terrorist acts is considered to be the main factor in considering terrorist act on an international level. This is because

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terrorism in this case is not just a criminal activity that is fought through national legislation or interstate cooperation but it is a phenomenon that affects the peace of the entire international community.

This was demonstrated by the attacks of September 11, 2001 at the World Trade Center in New York and the Pentagon, referring to the great destructive potential of such attacks. For this reason, in the Security Council resolution, a day later it was considered an act that struck international peace and security (Saliu,I; Xha-fo,J;, 2007) .

Since then, there have been attacks on tourists in many places, such as in 2002 and 2005 in Bali, Madrid in 2004 on passenger trains, also in Beslan in 2004 at a high school in Russia, and in London in 2005 suicide attacks, indicate the continu-ing danger that terrorism has the potential to cause.

The danger is not only spectacular attacks, but also the ongoing terrorist cam-paigns that remain time-consuming and have caused many casualties. The ac-cumulated consequences of these campaigns are important. Different dissident groups in Turkey, between 1975 and 1980, caused more than 5,000 dead and tens of thousands of wounded, almost tougher than the casualties of the September 11 atack (Collins, 2009).

Victims’ lists have shown the persistent vulnerability of people in every corner of the world from terrorism, and in recent times there has been an increased con-cern about the possibility for terrorists to use weapons of mass destruction (bio-logical, chemical, or nuclear).

Another terrorist attack, in some controversial directions with serious conse-quences, shook the world on September 14 in Paris at the Le Bataclan concert hall, which turned into a real massacre scene. From this well-organized terrorist attack in some directions, 128 people and hundreds of injured died. Terrorist groups such as Al-Qaida are well-organized in structures that resemble multinational criminal networks that are related to criminal drug traffi cking organizations, benefi ting from weak governments that fi nd it diffi cult to stop the ctivity of thpse organizations.

3. INTERNAL TERRORISM

If we treat a murder of a leader in a foreign country as international terrorism only because it is committed in an other country than that of origin, it is not ex-cluded that the choice of a foreign country may can be an affordable solution, and can be organized from his home country. Internal terrorism is the most dominant form of terrorism, despite not attracting media attention as international terrorism. Referring to internal terrorist statistics, there are more or even tenfold, which indi-cates that the greatest threat to governments is internal terrorism. Dozens of cases

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in the Balkans as the Serbian prime minister, Kosovo Serb leader, or dozens of businessmen, bankers or judges in Albania, have been targeted by internal terrorist exploiting weak authoritarian political systems that are likely to grow.

3.1. Used Methods and objectives.

The scope of methods used by terrorists is wide and varied, but the standard prac-tice variation is the most usable. Such are the attacks with target in killings, air-craft and ship hijacking with hostage in them; bombing, the use of which may be to damage property, or to cause victims, even in large numbers. Recently a favorite terrorist mechanism has become a bombing machine for its effects and damages. Publicity about the terrorists who cause kidnappings and hostages whose release against payments has served as a source of terrorist fi nancing in the next act, or have benefi ted from government privileges in exchange for the release of hostages. A security concern for governments is the use of weapons of mass destruction by terrorists such as the use of biological, nuclear, or radioactive weapons, which in-crease the number of victims and cause fear. Cases such as the use of “nervin” gas in the Tokyo underground metro station, from the Japanese cult Aum Shiniriyko that even failed still remain terrorizing the population; or anthrax attacks without judging the few victims, again it remains the most terrorizing events for the pop-ulation. Suicide “kamikaze” attacks bombings in public places have been applied by terrorists in the present day because of the fact that they cause many victims, arouse fear and are less preventable by the state.

4. MEASURES AND PREVENTION

Since terrorism is a technique that can be used by different groups in support of various causes, and the fact that there is no reason or sole source of terrorism makes it very diffi cult to draft countermeasures by governments, especially when they are weak. The concept of terrorism in three directions from Sederberg is more effi cient by taking as a reference point, as some counterterrorism measures are more in coherence with the labeling of terrorism as war, some fi t into the labeling of terrorism as a crime, some are more views of the phenomenon as illness. Count-er-terrorism measures can be assessed through counter-attacks, military co-oper-ation within the context of prevention and the effects of security measures in the context of freedoms and rights.

Generally speaking, prevention is much more concerned with the fi rst two con-cepts of terrorism, such as war or crime. Starting from this point of view, govern-ments will practice prevention as a repression, trying to eliminate or arrest the im-

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plicated in violent events. In this regard, terrorists are attacked by security forces before they hit, called preventive war, or arrested after the attack (the concept of terrorism as a crime). The mode of selection to combat terrorism helps determine the security policy. If we considered terrorism as a war, it would legitimize a high-er degree of response.

So for example, his conception as a war, allows a more effective preventive re-sponse. However, if reality shows that in these cases the military and police func-tions do not have a proper division between them. Police forces, facing dangerous criminals (whether terrorists or not), can “shoot fi rst and ask after they have shot, then later.” Both in warfare patterns and crime, there may be a desire to capture terrorists (Crensha, W; Matha; Pimlot, J;, 1997), (Hoffman, 1998).

5. INTERNATIONAL CO-OPERATION AND MEASURES TO BE TAKEN

Another important counterterrorism technique is international co-operation be-tween European countries and around the world. This is done through information agencies operating in their territory or region, in cooperation with national infor-mation services, which are worth noting that they are not equally effective in all countries. Increasing this effi ciency of national services and cooperation among international information agencies will contribute to preventing terrorism. Inter-national co-operation can provide the necessary support to carry out reforms that weaken the severity of terrorism. If there is international co-operation, sanctions against countries that help terrorists will be more effective. One example is the case of economic sanctions against Libya (and the collapse of the oil price), which was one of the countries that supported terrorism, and imposing sanctions forced to cushion the aid it provided to foreign terrorist groups. While an example to consider international co-operation, it is the military sanction against the Taliban regime that supported Al-Qaeda.

Air piracy has been considered outlawed and in international co-operation con-crete actions have been taken to sign treaties or even partial agreements and have given concrete results.

Today international diplomacy is making efforts to include all countries, defi n-ing terrorism so that they can take steps to eliminate terrorist groups. These efforts should not be allowed to shake and fade because often some countries support or express sympathy for dissidents using violence against repressive governments.

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6. TERRORISM AS A RISK OF CIVIL LIBERTIES

There has been a concern about anti-terrorist attempts that have taken place in some countries, resulting in a potential threat to civil liberties and rights, carrying out prohibitions of different citizens for an indefi nite period (example in Cuba’s Guatemalan), etc.

There existed and there is concern about the creation of special courts to judge terror suspects. The There existed and there is concern about the creation of spe-cial courts to judge terror suspects. The pressure of the Iras jury resulted in a no-ju-ry sentence for Irish suspects; or in the USA to be conviction for the September 11 attacks. The risk of unfair conviction comes from the lack of special legislation. In such a situation there is the risk of unfair punishment. Freedoms and civil rights are least at risk when terrorism is treated as a disease whose roots are to be healed. The greatest danger to these freedoms is when governments see the battle against terrorism as a war in the spurious sense because the governments of democratic countries allow big restrictions on individual rights at war time. Consequently treating terrorism as a war has the idea that it may be necessary to sacrifi ce some personal freedoms for the sake of victory over terrorism (Collins, 2009) (Camp-bell, B; Brenner,A;, 2000).

7. CONCLUSIONS

It is clear that for the years to come, terrorism will continue to be a major threat to security around the globe. This is because continue to exist ethnic, religious and ideological differences that continue to be food for terrorism. In recent years after the collapse of communism, ideological terrorism has had little impact. Very important and a problem in the world remains terrorism dictated by ethnic and religious confl icts. Many of the political parties of fragile democracies who can not take power through the electoral process will use terrorism as a technique to achieve the goal. Economic, political, social, religious and cultural systems will be dismantled as a result of globalization. Attractive targets for attacks, or will be grounds for terrorists. Government repression will be at odds; links between ter-rorist drug operations will increase the relative threat.

Security in front of terrorism is not easy, as there are many factors and causes that make total protection impossible. Antiterrorist successes are with specifi c ob-jectives, and a victory against one group can not be against others. So, the govern-ment can not fi ght only with one measure against terrorism, because the methods are different. Treating terrorism as a war is needed when dissident groups combine their activity with guerrilla activities. Expecting terrorism in the prospect of war, crime or illness is important to highlight problems that arise when one or the other

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approach is accepted. The necessary response will be a mixture of elements, from all three approaches and setting the right approach to security programs and re-sponse to terrorism will never be easy. Security measures must be highly resilient to deal with terrorism, and should change the techniques permanently under the circumstances created.

8. REFERENCES

• Campbell, B; Brenner,A;. ( 2000). “Death Squadsill a Global “Death Squads ill a Global Perspective:. New York: Palgrave Macmillan USA.

• Collins, A. ( 2009). “ Conteporary study of security” . New York: OUP Oxford; 2 edition,.

• Crensha, W; Matha; Pimlot, J;. (1997). ‘’Encyclopedia of World Terror-ism”, . New York: Armonk.

• Hoffman, B. (1998). “Inside Terrorism”. New York : Columbia University Press.

• Lutz, J. M.; & Lutz, B. J.;. (2005). Terrorism: Origins and Evolution. New York: Palgrave Macmillan.

• Saliu,I; Xhafo,J;. (2007). E Drejta Penale Ndërkombëtare . Prishtine: Leoprint.

9. OTHER SUPPORTED LITERATURE:

• Juergensmeyer, Mark (2000), “Terror ill the Millti of Got!: the Global Rise of Religiol/S Violence”, Berkeley: University of California Press..

• www.tkb.org/Home.jsp

• www.comw.org/rma/fullutest/terrorism.htlm

• www.state.goc/s/ct/rls/pgfrpt

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STATUTORY MINIMUM WAGE AND POV ERTY THRESHOLD CONSIDERATIONS

Dr. Rudina LIPI Prof. Asc. Ilirjan LIPI Prof. Asc. Etleva LeskajLecturer, Department of Economy, Faculty

of Economy and Social Sciences

University College “Pavarësia Vlorë”,

Vlorë, Albania

Lecturer, Department of Business Administration,

Faculty of Economy Vlore,

University of Vlora, “Ismail Qemali”

Vlora, Albania

Lecturer, Department of Business Administration,

Faculty of Economy University of Tirana

Tirane, Albania

rudina.lipi@unipavaresi.edu.al

lipi.ilirjan@gmail.com etlevaleskaj@gmail.com

Abstract

According to many studies about the minimum salary, it turned out that the minimum wage and poverty are linked in an inverse manner. So according to this reasoning, an increase in the minimum wage would lead to a decline in poverty. Although such an observation has been observed, some critics are of the opin-ion that the minimum wage is not the most effi cient way of achieving poverty reduction targets. One of the various arguments that support this idea is that the statutory minimum wage simply covers the small part of the formal sector, but the informal sector being too large is diffi cult to cover. Often, employees who benefi t from the increase in minimum wage are not the poorest and the poorest. Also, the poorest part of the employees works in the informal sector, and so the high infl ation rates even lower their minimum pay. Another positive argument for the positive impact of the minimum wage instrument is that in developing countries the minimum wage and the poverty line are very close to each other, so an increase in minimum wage can bring employees out of the poverty line. The effect of the minimum wage is also infl uenced by the characteristics of the labor market, the characteristics of demand and labor supply, the labor market equilibrium, and the characteristics, skills and workforce qualifi cation. This effect is added even more to cases of unreasonable competition, price discrimination and market failure that are very present in developing countries.

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Key words: Statutory minimum wage, poverty threshold, developing country, Albania.

1. INTRODUCTION

“A man must always live by his work, and his wages must at least be suffi cient to maintain him. They must even upon most occasions be somewhat more; oth-erwise it would be impossible for him to bring up a family, and the race of such workmen could not last beyond the fi rst generation”(Adam Smith).

If the employees were asked if they would like to increase the page, the answer would certainly be yes, but whether they would be asked if they would have to choose between dismissal and reducing the hours of work that would defi nitely choose the latter. Minimal payers argue that the minimum wage increases revenue on the bottom of the payoff page, bringing little trouble to employees and busi-nesses. Many studies argue that many individuals at the end of the economic scale have a lack of skills to earn even the minimum hourly wage, which is referring to the statutory minimum wage of ALL1381 per hour. Willing to work but not enough to fi nd a job, these employees never learn and earn the basic skills need-ed to move to a higher economic and paid job. For this issue, Card and Krueger (1995) have argued that raising the minimum wage sometimes does not reduce poverty. According to the World Development Report (1995), it was noted that minimum wages can positively affect the poorest and most vulnerable workers in developed countries, but not necessarily in developing countries (as cited in Lustig & McLeod, 1997). Also one of the most important components of poorer income in less developed countries is the wages of unskilled workers, where also a large part of the poor are unemployed, benefi ting from social assistance or retirement programs.

2. INTRODUCING DEFINITIONS ABOUT MINIMUM WAGE AND POVERTY

Minimalist supporters argue that the statutory minimum wage prevents em-ployee exploitation and helps them earn enough to support their families and themselves. But to keep out of poverty an Albanian family of 4 people need at

1 According the Council of Ministers Decision No. 399, date 03.05.2017 “On determining the minimum wage”.

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least ALL64,0002 households per month. So it seems that to make a full analysis there are also further statistics regarding the demographic of the minimum wage and not only. Although those who oppose the impact of the minimum wage argue that some sort of calculations do not matter, how many minimum wage workers are unmarried and do they provide enough income to divert themselves from the poverty line? This argument is based on the fact that a good part of the unmarried are young people who live near their families and who have no other fi nancial obligations, except for clothing and other expenses. Thus, minimum wage oppo-nents argue that minimum wages mainly benefi t middle class middle-aged people who lack the need for assistance at a given time by dedicating or taking thousands of jobs to other economically disadvantaged thus addressing the minimal page a negative effect. Ultimately the number of employees required as the quantity of all other products is responsive to the price, and exactly the higher the price the lower the desired quantity. There are, however, many debates about the number of jobs that individuals lose due to the minimum wage3.

According to the Albanian Center for Economic Research (2016, pp.8)):

Poverty Threshold is the monetary amount of a variety of food products that are appropriate to ensure the normal functioning of the human body and maintain health, plus a minimum number of non-food items and a minimum number of ser-vices needed to meet the basic social and cultural needs.

Minimum Wage is the amount paid for the work performed or the services ren-dered, within a specifi ed period, calculated either on the basis of time or produc-tion, which cannot be reduced by collective or individual agreement, which is guaranteed by law and is set up in such a way as to cover the minimum needs of the worker and his family, taking into account the economic and social conditions.

Being different from many other countries Italy, Denmark, Sweden, Austria, Finland4 etc. the minimum wage in Albania is determined by the government. According to the Albanian Labor Code5, referred to the minimum wage in Article 111, is determined that:

1. The salary may not be lower than the minimum wage determined by a decision

2 Referring to the monthly poverty threshold per capita calculated in 2015 by the absolute method, ALL16,000, referred to the Albanian Center for Economic Research study (2016).3 Taking into account the competitive or imperfect labor market pattern as well as the reserve side threshold compared to the statutory minimum wage and market wage.4 https://www.eurofound.europa.eu/observatories/eurwork/articles/working-conditions-industrial-re-lations/statutory-minimum-wages-in-the-eu-20165 Law no. 136, dated 05.12.2015, “On some additions and amendments to Law no. 7961, dated 12.07.1995, “The Labor Code of the Republic of Albania”.

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of the Council of Ministers.

1. The minimum wage is determined on the basis of: a) economic factors, require-ments of economic development and reduction of unemployment, increase of production; b) the needs of the employees and their families, given the general level of employee living in the country, the income derived from social security and the living levels of different social groups.

1. The Council of Ministers may impose a lower remuneration than the minimum wage at national level for vocational training in the dual education system of vocational education and training. (pp.79)

According to the ILO working paper (pp.5n.d.):

In 2009, the Global Labor Pact adopted by the International Labor Conference to respond to worthy work on the crisis called on governments to consider such opportunities as minimum wages that contribute to reducing poverty and inequal-ity, boosting demand and economic stability (ILO 2009b). The Global Labor Pact mentions that the ILO Convention on the Determination of the 1970 Minimum Wage (No. 131) provides guidance in this Former Yugoslav Republic of Mace-donia, Romania and Serbia - have ratifi ed Convention No. 131, which provides guidelines for minimum wage levels. The Convention stipulates that pay policy should be as close as possible to national conditions and practices, and in par-ticular to: (a) the needs of employees and their families, taking into account the overall level of salaries in the country, the cost of living conditions, social security benefi ts and the relative standard of living for other social groups; and (b) eco-nomic factors, including economic development requirements, productivity levels and the desire to achieve and maintain a high level of employment.)

According to the Albanian Center for Economic Research (2016):

Family income is the income of all members of the family from any source, in-cluding those members who live and work abroad. No family income is included in the payments received by members of the family with disabilities in the sense of the applicable law on social assistance and services.

Absolute poverty is defi ned as a condition characterized by severe deprivation of basic human needs, including food, drinking water, sanitation facilities, health, housing, education and information. It depends not only on income but also on access to services. (pp.9)

Also in the study of Albanian Center for Economic Research (2016) is cited that:

Relative poverty has many manifestations, including inadequate income and productive resources to ensure a lasting livelihood; hunger and malnutrition; poor health, lack of access or limited access to education and other basic services; increased morbidity and mortality, lack of shelter or inadequate housing, unsafe environment, and discrimination and social exclusion. It is also characterized by

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a lack of participation in decision-making and civic, social and cultural life.

The food basket is defi ned as the grouping of basic products that make up the usual diet of the population, in suffi cient quantities to appropriately cover the en-ergy requirements of individuals.

A reasonable standard of living is considered the standard that meets the phys-ical, psychological and social needs of a person. A reasonable standard of living does not mean that a person must live on a luxury level, but does not mean that a person should only live on the survival level. The person who owns the money should be able to participate in community life, just like other citizens. It should be possible for a person to eat healthy foods ..., to have clothes for different weather and situations, to keep their home clean and clean, to have furniture and home accessories for rest and fun, to be able to devote time to free activities, and to read books, newspapers and television. (pp.9)

3. MINIMUM WAGE AND POVERTY IN ALBANIA

According to the Monitor (2017) as far as recent statistics are concerned, the average net wage at the end of 2016 was 290 euro net, and also according to this index, Albania was ranked as the country with the lowest average salary in Eu-rope, with the exception of Belarus, Moldova and Ukraine.

According to an article (Rilindja Demokratike, 2018, (para.1-13)) is explained that:

A large part of Albanian families live in survival terms, with incomes that are not suffi cient even for basic needs. According to offi cial World Bank data, cur-rently 32.1 percent of Albanian households have income less than ALL34,000 per month or ALL9,000 per month per person. With this money, they have to afford the cost of food, shelter, and daily bills, as the cost of living rises from year to year. Al-though offi cially these families are not classifi ed as poor by the government, their income is also insuffi cient for the most indispensable living needs.

A survey by the People’s Advocate concluded that the vital minimum in Albania is estimated at about ALL16 per month per person. This means that for a family of 3.8, which is the average number of persons in an Albanian family, the income should be at least ALL60,000 per month. According to the World Bank, 70 percent of Albanian households have incomes below the level of this vital minimum.

According to a People’s Advocate(n.d. (pp.4)):

It’s been fi ve years now since we have been trying to address government’s re-quests and recommendations in order for them to offi cially declare the minimum subsistence level/minimum living standard/minimum living cots. This is because Albania is the only country in Europe which has not declared the minimum subsis-

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tence level. The answers we received following our recommendations have been neither more nor less the reality that we all know. Regardless of proudly showing off by saying that we live in the world of digital technology and internet, we unfor-tunately admit that there are still many families in Albania living in conditions of extreme poverty, there are parents who fi nd it diffi cult to earn enough to provide a living for their own children and there are still minor children who go begging on bended knees.

Also in this report is emphasized that (People’s Advocate n.d. (pp. 4)):

Albanian legislation still lacks a specifi c provision on the subsistence minimum level, with regard to its legal defi nition as well as a legal obligation for its calcu-lation. The fi rst signifi cant defi nition of the minimum living standard in Albania was highlighted in the Labor Code of 1995, but due to the amendments in the fol-lowing years, the concept of subsistence minimum level is omitted. The level of pension benefi ts in Albania is determined by law, while the level of the minimum wage, value amount of economic assistance, unemployment benefi ts and disability allowance benefi ts is determined by the Council of Ministers Decree. Apart from showing much lower results, none of these indicators of poverty is directly based on the minimum subsistence level.

The selected method for calculating the minimum subsistence level in this study is the absolute method which is mainly used in developing countries like Al-bania. The minimum subsistence level is calculated on the basis of the food basket. According to conducted calculations, the minimum subsistence level per capita in 2015 turns out to be approximately 16,000 ALL per month (7.089 per month for food expenses and 8.913 per month for non-food expenditures).

3. CONCLUSIONS

As cited in the study of Albanian Center for Economic Research (2016, pp.11)) in Albania, the level of pensions is set by law, while the level of minimum wage, the amount in value of economic aid, unemployment payment and disability pay-ment are determined by the Council of Ministers Decision. None of these poverty indicators are directly based on the minimum living index

So, as a major problem, there is a need for a governmental defi nition of thresh-old poverty, and then the government can update any other index in this line, re-ferring to social assistance, pensions, average salary etc. Because only in this way, the government will be able to develop sound policies to mitigate poverty, but not only, but also to push society to progress, though not to a level of well-being beyond that of poverty.

Also according to Channel One (2017, para.15-18).) it is stated that: According

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to the latest World Bank report, 47 percent of the people in Albania live in poor conditions at $ 56 per capita. While 4.7 % or 120 thousand people live in extreme poverty with less than $ 2 per capita, otherwise in misery.

Referring not only to recent poverty line statistics, minimum wage, average salary, and progress over the years, it is recommended that Albania should develop clear social multilevel policies so that the workforce has the opportunity to live with dignity. If not refl ected, then how will we be able to join the big European family, or even if it is not considered as an achievement by development critics, we can survive the evolution of the 4.0 Industrial which, above all, the working factor and its productivity. So an index and a minimum vital defi nition or threshold of poverty should be urgently instructed so that each instrument used to alleviate poverty and develop the human index is coherent with this defi nition. Also regard-less of the structure of the Albanian economy, its phase of evolution, competitive advantages, etc. we can say that it is also necessary to strengthen the collective agreements and the unions to regulate and fi x different minimum wages referring to the different sectors for which the experienced, skilled, educated employees are required, to defi ne a mimic page with the right (so fair). In this regard, it is necessary to strengthen the collective agreements to set other salary levels and not just the statutory minimum in order to take into account also the needs of quali-fi ed workers because labor productivity is one of the decisive factors of economic progress and social. Finally, in my optics, I would consider raising the minimum salary as an obligation to address social justice problems.

4. REFERENCES

• Albanian Center for Economic Research. (2016, Tetor). “Llogaritja e MinimumitJetik ne Shqiperi. Nga Minimumi Jetik si Mbijetesë drejt një Standardi Jetese të Arsyeshëm”. Retrieved from http://www.avokatipopul-lit.gov.al/sites/default/fi les/RaportMonitorimi/Raporti%20i%20Minimu-mit%20Jetik.pdf

• Card, David, and Alan B. Krueger. (1995). “Myth and Measurement: The New Economics of the Minimum Wage.” Princeton, NJ: Princeton Uni-versity Press.

• Channel One. (2017). Retrieved from http://www.channel-one.al/zef-pre-ci-pagat-dhe-pensionet-sipas-minimumit-jetik/

• ILO. “Ndikimi i krizës mbi pagat në ne Shqipëri.” Retrieved form http://www.ilo.org/wcmsp5/groups/public/@europe/@ro-geneva/@sro-bu-dapest/documents/publication/wcms_172435.pdfLaw no. 136, dated

6 Referring to (absolute) poverty threshold.

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05.12.2015, “On some additions and amendments to Law no. 7961, dated 12.07.1995, “The Labor Code of the Republic of Albania”.

• Lustig, N., & D. McLeod. (1997). Minimum wages and poverty in devel-oping countries: Some empirical evidence. In: Edwards, S., and N. Lustig (eds). Labor Markets in Latin America: Combining Social Protection with Market Flexibility. Washington, DC: Brookings Institution; pp. 63−103.

• Monitor, (2017). “Harta, Shqiperia me Pagen me te Ulet Mesatare ne Eu-rope.” Retrieved from http://www.monitor.al/187534-2/

• People’s Advocate. Periodic Publication of the People’s Advocate Insti-tution No.20. Retrieved from http://www.avokatipopullit.gov.al/sites/de-fault/fi les/REVISTAT/REVISTA%20NR.20%20OK.pdf

• Rilindja Demokratike. (2018). Retrieved from http://www.rd.al/2018/02/varferia-70-e-familjeve-shqiptare-poshte-minimumit-jetik/

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TEACHER WORK ON THE FOUNDATION OF EDUCATION, GOOD RESULTS FROM GOOD PROFESSIONALS, CASE

STUDY ONE LESSON OF MATHEMATIC

Rudin TEFITeacher, “Ali Asllani” School,

Kotë, Albaniatefi .rudina@gmail.com

Abstract

The development of society necessarily brings refl ections not only on the entire education system but also on the organization and implementation of curricula. The very features and social behaviors of the children are varied, so in the work of the teacher, it is constantly required, changes and developments, in order to make it more effi cient. Changing the teaching practices and the way of organizing the lessons does not only make the lesson dynamic, but at the same time makes it easi-er and more understandable for students. The purpose of this article is to highlight the role of the teacher as a fundamental part of the entire education process as well as addressing concrete cases in organizing a lesson in the course of mathematics.

Key words: teacher, pupils, mathematics lesson, education,

1. INTRODUCTION

The spiral of the development of nature and society at any time and stage is accompanied by the necessary transformations and developments upon which it is based. The education of the younger generation is one of the weightiest links in society that constantly demands a special attention. That’s why, the teachers ‘educators’ present in their work productive democratic concepts with a practical sense. Classroom, school and auditorium work, is the basis for success because it is developed and managed by a qualifi ed specialist in the relevant fi elds. Out-of-class work, independent or under parents’ care, is always helpful and in function

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of what is going on in the classroom, especially for lower-tier education classes.

These basic things are simple and well known but of a great value to be im-plemented. The world of children is bright, deep, diverse, and those who enters into their world, are winning the battle. They hide not one but some tendencies and truths within them, whereas what the child shows, which is obvious, may not be representative, and in many cases it is not true for them. The teacher’s work is to recognize the kinds of different intelligences, their characteristics, how they appear, how they can be applied and encouraged. Intelligence serves to develop, not to label. When the teacher encourages them, evaluates them, they feel proud, useful and have respect for the teacher whose word is inviolable to them. Many teachers or parents experience such wonderful moments. Everyone who believes is 100% committed to it achieves delightful results. This situation comes after a continuous pleasant, professional and energetic job. Ivan Makarenko, who is well-known in the fi eld of pedagogy, created the so-called “colony” with ‘road children’ labeled as ‘irrational and deceitful thieves’. He made them create pro-ductive work, successful experiments and turned them into the way of life. For this he gained exemplary respect from the students with whom he worked and a high appreciation from the country and contemporary fi gures as a new kind of lecturer. He said that the child is like a white paper that anyone can write.

2. POSITIVE EXPERIENCES

Every educator fi nds himself and his colleagues, in literature. Whenever and whoever fi nds them except care because things are never fi xed and standard, but changing, developing and in any case there is room for improvement. Since the work of the teacher is based on the education, progress and formation of the pu-pils, then this can accomplish a professional, good, energetic, resultant “mouth”. A group of children are entrusted to guiding the fi rst steps of knowledge, is a great but very noble responsibility. Any parent when he or she sends a child in school, the fi rst thing he wants to know is “Is It a Good Teacher?!”

Therefore, each educator tries to “gain” the faith with results. After a prelim-inary work, the teacher forms an idea for the classroom level, the interests they exhibit, what attracts them more, what a trend she has observed, and so on. On this basis a classifi cation is made, mainly in two-way directions, as a trend in fun-damental science, humanity, art and sport. These groups are not exact and fi nal. There are pupils who show interest in two or three directions where one or two may not be discovered yet. This is normal because their inclinations are forming and developing along the path there is room for completions and corrections. It is important that the class has always elements with a tendency in one of the afore-mentioned directions. The learner in the development of the lesson takes into ac-

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count the tendencies, nurtures the material with specifi c qualities that are not for the pupil’s weight but to support their talents and to develop it further, or perhaps even to discover new elements. Therefore, the way of organizing the classroom work (with groups, assistants, screens ...) and the material served in it are essential for achieving the purpose above.

School education is perceived as it overcomes the modules and enables the learner to live in democracy, to face the economy, to challenge life and this is what he / she needs as knowledge. The teacher encourages the students to seek for knowledge beyond school, as this will make them reach success and adapt to the time. There are times when we face that a student varies rapidly, so the teacher’s duty is to increase the pace of personal progress, to the formation of the personal-ity of the students.

The education system in Albania has entered the reform stage, looking at the prism of a new curriculum, to break away from the old system and to move safely to Europe. This is an indispensable and signifi cant reform.

In February, in the Albanian education system, a new initiative for the pre-uni-versity system was practiced: “Three subjects in six hours of teaching”. These changes are necessary to improve the effectiveness of the student learning process. The development of teaching subjects in two hours in a day is a practice that is im-plemented in other countries. They have been experimented and implemented by others because they are successful in preparing the environment and embedding these progressive elements. The positive sides coming from the implementation of the “Three subjects in six hours of learning” initiative are:

-The suffi cient time the students have available to carry out the various activi-ties in the classroom. This approach will make the pupils better embrace the new knowledge they need to take and reinforce their previous knowledge.

-It reduces the books the students have to carry so that the weight of the pupils’ bags is facilitated.

- The students have no teaching load because they have only three subjects out of six so that they will have an easy access to study.

Since the time spent at the same class with the same teacher for two hours of teaching makes possible that the teacher-student ratio becomes more stable, pupils are more likely to become active and evaluated during the classroom hours. Also, teachers have a lot of advantages as they have more time to use teaching methods and different and techniques during the two teaching hours, for students to acquire new knowledge and to embrace the concepts in the most appropriate way.

3. CASE STUDY

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Based on my experience as a math lecturer and the knowledge gained for the implementation of the new initiative I am presenting a diary according to this initiative.

Field: Mathematics

Subject: Mathematics

Degree: V

Class: X

Time: I + II

Topic: Incompatible Events. Ability + Implementation

The situation of learning: Paper games, coins and dice

Learning Outcomes of Mathematical Competences by Teaching Theme:

The student at the end of the lesson:

-walls inconclusive events

- applies its own according to which the sum of probabilities of two or two in-consistent events, the merger of which gives the space of the results, is one.

-calculates the probability by using the opposite events.

Key words: events, results, probability, scope of results.

Sources: The text of the pupil, the zeros, the letters, the coin

Link to other fi elds or cross-curricular topics: Science

Pupils’ Methodology and Activities: 1-Worked by Teacher 2-Work Independent-ly 3-Working Group 4-Discussion 5- Analysis 6-Appearance 7-Problem Solving

Organization of lesson hours:

Knowledge Prediction: The fi rst step: The teacher invites the students to solve the following situation: When we put a coin: How much is the probability of los-ing money? By the stems? What is the proof? What is the event? How are the two events with each other? Are the results space? What is the difference between events and outcomes?

After asking the above questions the teacher invites the pupils to the discussion. Pupils accompany the explanation of questions by demonstrating with the currency.Building the knowledge: The teacher asks the students when two events are in-compatible listen to their thoughts and give the exact defi nition. The situation is demonstrated by examples throwing a regular trick. It also suggests other events for which students indicate whether or not they are incompatible with gambling cards. It then leads the question: What do we mean by exhaustion events? If a combination of incompatible events between them is exhaustive, then the proba-bility of their sum is one.

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Consider the example: The probability that a soccer team wins a match is 0.65. The probability that the draw is equal to 0.2. How much is the probability that the team will lose the game? Pupils justify and discuss the situation.

Working in pairs: Depending on the example, with the banker’s friend, choose the situation: My breakfast includes a cup of tea, a glass of milk or a glass of fruit juice. The probability that I have a cup of tea is 0.6, the probability that I have a cup of fruit juice is 0; 36. How probable is having a glass of milk? After fi nishing compare the results with the closest pair. Then the solution in the table is pre-sented. The teacher questions: What do we mean by opposite events? What is the connection between the probabilities of these events? Give examples of opposite events, the students discuss the following examples:

Example: The probability to be selected for a control from an electronic mon-itoring system is 0.06. How much is the probability that you will not be selected from the system?

The probability that a child in a garden group has a cat at home 0.3.

a) Find the probability that a child of this group does not have any pets.

b) Find the probability that a child of this group has a homebrew.

Strengthen learning: Teacher gives

Exercise 1:

For each pair of the following events, identify events that are or are not incom-patible

a) A: A girl has red hair..

B: She has brown eyes.

b) A boy takes the same number of points as he throws two dice.

C: Sum of points is number at.

c) M: A girl gets the same number of points when she throws three dice.

N: Number of points is number at.

d) Q: A girl gets the same number of points when she throws three dice.

Q: The amount of points is multiplied by the number 6.

Exercise 2

A pack of paper, containing 60 papers in four colors: black, red, green, and blue, 15 for each color. Black letters hold numbers 1 to 15. Red letters hold mul-tiplicity numbers of 2. Green letters hold multiple numbers of 3. Blue letters hold multiple numbers of 6. Open a letter. For each pair of events, tell whether they are

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either incompatible.

A: The letter is black.

B: Shows a couple of pairs.

b) C: The letter is red.

D: Shows a number at.

c) E: The letter is green.

F: Displays a number that is part number 20.

d) G: The letter is blue.

H: Represents a simple number. .

The students respond to it by discussing the answers. Then the exercises are worked out:

Exercise 3

All buttons in a cane are green or black. The probability that a casing randomly selected from the cant of that green life is 1/3.

Find the probability that a randomly selected casing will be blue.

Find the probability that a randomly selected casing will be black.

Exercise 4

A regular tile draws on its own pages, a triangle, a square, a circle, a rectangle, a sphere, and a cylinder. Throws the dice. Find the probability that:

Drop a geometric body.

Do not fall into a plane fi gure with right-eyed hands.

After fi nishing they compare the responses to the nearest duo. Some of them present the solution on the table. Supplement answers with additional explanation.

Knowledge prediction: Second Hour: Students will complete the table by specifying:

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EVENT PROBABILITY DEFINITION

Impossible

Sure

Incompatible

Exhaustive

Opposite

Some students read their thoughts and fi nally come up in a unique table.

Building knowledge: After that, the teacher develops a discussion about the steps we need to use to solve issues that include their events and outcomes. Dis-plays in the table the problem situation: Two dice, one red and one blue are simul-taneously thrown and the highest scores that fall are recorded. Find the probability that the points recorded are smaller than or equal to 5. How will we act for its resolution? What should we do fi rst? What is the result space? What is the event? Pupils give their thoughts about the solution. A pupil explains the solution on the blackboard. So it is also done with the example: A song has several spheres, which are distinguished by color only. A sphere is sung from the song. Probability has since been issued a sphere: green, is 1/6, blue, is 1 / 4ku we have to do, black, is 1/2. Are there other colors in the bag? Where are we dealing with incompatible events?. Pupils in quadruple groups solve the sentence. Two dice, one red and one blue, are simultaneously jumped and the difference in points is seen. a) Fill in a table to show all possible results. b) How probable is the difference in points to be: a) a? b) zero? b) more than one? After fi lling the table with the results, one of the groups presents the solution in the table.

Strengthening of learning

In groups of six students work the following exercises.

Exercise 1: A kangaroo of the same spheres, varying from one to the other by color only. By singing, a sphere is randomly extracted. Serena says that the prob-ability of a green ball is 1/4, the probability of pulling a blue ball is 1/3 and the probability of a black ball is 1/2. Can Serena be right? Discuss your answer.

Exercise 2: All buttons in a cane are green, white or black. The probability that a casing randomly selected from sings, to be green, is 1/3, to be white, is 1/2. How probable is a randomly selected casing to be: White b) not white? Exercise: Two regular dice, one red and one blue, are dropped simultaneously. From the red dots, we drop the blue dots. Fill in a table like that of the fi rst example, to show all the possible results. How is the probability that the difference of points is: a) -2? b)

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Smaller than 5?

Exercise: The probability of an irregular tassel is given in the table below.

Points of renown

1 2 3 4 5 6

Probabilities 0,1 0,2 0,2 0,1

To fall 4, it is three times more likely to fall 3. Find the probability that: Fall 3 b) Fall 4 c) Fall in a simple number.

Groups that are next to each other, exchange solutions and evaluate arguing the evaluation. After this, some of them present the solution on the blackboard. What about the situation, what can we say: When I return home from work, the proba-bility of doing some work is 0.65. What do we notice about these probabilities and what outcome can they derive from them?

Give thoughts by arguing.

Evaluation: The teacher keeps evidence on the evaluation of some of the pu-pils regarding to the possession of the predicted learning outcomes for the subject, relying on the pupil’s work in the notebook or his activation on the blackboard, also taking into account the assessments that groups make to each other.

Homework: The teacher gives the exercises to work at home, and gives instruc-tions for each exercise.

4. CONCLUSIONS AND RECOMMENDATIONS

Education as an integral part of civilization represents one of the fundamental pillars of a free society, on which a strong and advanced state emerges.

The National Strategy for Pre-University Education and Lifelong Learning fo-cuses on the level of development and implementation of policies at national and regional level where the development of the education system as well as a modern, dynamic, competitive and productive qualifi cation system will be respected which will respond to the conditions, contemporary needs and challenges.

5. BIBLIOGRAPHY

• Drejtoria Arsimore Rajonale Vlore, “Materiale shtese mbi kurrikulat parauniversitare”Vlore 2016

• Ministry of Education and Sports, “National Strategy for Pre-University Education” www.mash.gov .al,

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• Steve Fearnley, June Haighton, Steve Lomax “AQA GCSE Maths Higher Student Book, Mathematics 10-11 Part I” Oxford Secondary (June 11, 2015) ISBN-10: 0198351666; ISBN-13: 978-0198351665

• Teacher’s book : Mathematics 10,

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ACTIVE PARTICIPATION OF YOUNG PEOPLE AS A PART OF THE INTEGRATION PROCESS OF ALBANIA IN THE EU

Tea MemushiMSc Student, University of Tirana,Albania

tea.memushi@gmail.com

Abstract

Our efforts towards joining the European Union have intensifi ed signifi cantly, providing not only the candidate status, but also providing the recommendation for negotiating the membership in the EU. Justice reform, the ‘fi ght’ against in-formality and crime, economic development are the main objectives that we hear more often when talking about the integration process of Albania in the EU, but unlike to the general this article stops at another phenomenon as part of the EU in-tegration process, such as active youth1 participation. The paper brings an analysis of the current situation and possible alternatives to how youth participation can be improved in the context of improving democracy, country development and cer-tainly for integration into the great European family. Statistics show a low social, political and economic participation of young people in Albania, while there are various studies around the world that show how important youth activism is for society in general. At the end of the paper the emphasis is on the fact that youth in our country should be viewed with priority by the government, by public and private institutions as well as by the NGO-s2, in order to give them the impor-tance they deserve through specifi c initiatives and activities, to encourage infor-mal learning (not just at school or universities), active participation, volunteer activities, employment and information for young people.

Key words: the youth, priority, active participation, change, integration into the EU.

1 According EUROSTAT youth includes all persons between the ages of 15 and 29 years old.2 NGO: Non-governmental organizations.

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1. INTRODUCTION

Albania’s membership process in the EU is a national objective for the de-mocratization and the transformation of the Albania society in accordance with the values and principles of the United Europe. Personally, I think the Albanian integration process is closely related with the improvement of the active partic-ipation of the young people and the communication of the Albanian youth with the European country. Therefore, I think it will be worth an analytical article that demonstrates the reason why youth participation should be increased and what are some mechanisms or activities that would help to improve this phenomenon.

The paper begins with a brief description of the current situation of social, political and economic participation of young people in Albania. Further, by em-phasizing the importance of youth for a good democracy, a good governance as well as economic development, the paper continues with some alternatives that help improve the youth activism of Albania, as well as a concrete idea for the city of Vlora.

2. LITERATURE REVIEW

In Albania, youth participation has two main forms: social participation which means the social impacts that are directly to everyday life through education, health or work programs; and political participation by infl uencing political deci-sion-making processes. (Manoku, 2013)

Low youth participation is also synthesized in the Youth Policy Paper in Alba-nia by the council of Europe, which writes: ‘‘Albania has a growing economy but, for at least three reasons, there is a disadvantageous position for young people: a big informal broad market, a number of graduates in fair disproportion with the number of jobs requiring a certain level of qualifi cation, and the fact that age rather qualifi cation remains a key factor in leading positions.’’ (Council of Europe, 2002, f. 114)

The paper is written referring to the National Strategy for Development and Integration 2015-2020 at national level (Këshilli i Ministrave, 2014) , but also infl uencing internationally also from European Policies and frameworks such as The EU Youth Strategy 2010-2018. (European Commision, 2010)

There are worldwide studies of the importance of social and political inclusion of youth and all conclude that is very important for the young to be involved, because it serves primarily for their personal and professional development, but recalling also a statement by the Greek philosopher Diogenes who states that: ‘‘ The foundations of each state lie in the education of the youth’’, then of course that

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youth participation and intellectual development of youth have a positive impact on the values of a country and its society.

Inclusion of young people in organizations and civil society has a positive im-pact on society as a whole. Studies show that youth active participation brings improved skills, knowledge, opportunities and well-being for the whole society. (Young People Making Change)

3. SUBJECT

Through this paper I try to bring an analysis of the current situation of youth participation and to highlight the reasons for such a situation and why is very im-portant for youth to be active.

Also, the purpose of the paper is to list a number of alternatives that would improve youth participation in improving democracy, country development and to withstand the challenge of integration into the big European family.

At the end, there is a concrete idea for the inclusion of youth in the city of Vlora.

4. METHODOLOGY

The methodology used for the paper focuses on existing quantitative and qual-itative data related to the purpose of the work. The paper is a descriptive and analytical study of the current situations, reasons for change and alternatives that would bring improvement of the phenomenon.

5. RESULTS AND DISCUSSIONS

Regarding the social participation of young people, there are three alarming facts: fi rstly, the existence of illiterate young people, that they can not read and write (Partners Albania for Change and Development, 2017, f. 7); secondly, a con-siderable percentage of prisoners are young; and lastly, a very low commitment of young people to volunteer work.

If we refer to the facts about political participation, there is a small percentage (2.14%) of young people holding executive and decision-making positions. (Part-ners Albania for Change and Development, 2017, f. 4) Because of ‘lack of experi-ence’ they are seen as incapable to make decisions and direct.

On the other hand, only 29.8% of Albanian youth are employed (Partners Al-bania for Change and Development, 2017, f. 5), due to high informality, more graduates than vacancies and the fact that the age is more important than qualifi ca-

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tion for managerial posts. Other factors that infl uence the low political and social turnout of young people are the lack of interest and neglect of young people today to participate in political processes and to raise their voice about the injustices or important issues that affect them. Lack of opportunities for young people increases their lack of interest in social and political involvement, fueling hopes of emigra-tion as well.

Young people need to be more active in order to gain the rights, opportuni-ties and support to be involved, in this way they can infl uence decision-making and take actions and activities that would bring a better society. Of course young people must be partners in Albania’s EU integration process, as a writer and rev-olutionary Philipino-born Jose Rizal says: “The youth is the hope of our future.” 3

6. CONCLUSIONS AND RECOMMENDATIONS

Despite the fact that young people in Albania account for one third of the pop-ulation (INSTAT, 2018), their social, political and economic involvement is very low.

This situation has to change. Youth should be empowered and followed by a European spirit.

The government, organizations, EU offi ces in our country should see youth as a priority for a successful integration process. Youth should also be more ambitious and willing to be involved in order to be a powerful stakeholder who can lead sit-uations to the good of the community.

Some alternatives that would improve active participation according the pro-cess of EU integration are:

• Organizing trainings, workshops and conferences for young people.

• Cultural exchanges, study programs or participations in youth forums in EU countries.

• Providing opportunities for working practices, internships or various forms of cooperation in public institutions and other organizations

• Organizing local youth forums and a national youth forum, so that way this important part of population will be represented and raise the voice for different causes.

Finally, a recommendation, specifi cally for the city of Vlora, which would have a positive impact on youth activism, would be the organization of summer camps as a form of social and economic inclusion. Form of economic inclusion because

3 Casamayor,A. ‘‘ Rizal and the Youth of Today’’, an article that writes about how Rizal’s word are still applicable up until till now.

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educators in summer camps will be mainly students as a potential group interested in seasonal work, and why not even high school students who would like to spend the summer engaging in various activities for the benefi t of the community.

7. WORKS CITED

• Council of Europe2002Youth Policy in Albania

• Eurodesk. (2017, March 24). Youth Partecipation in Democratic Life. Retrieved April 18, 2018, from Europian Youth Portal: https://europa.eu/youth/es/article/50/43811_en

• European Commision. (2010). EU Youth Strategy. Retrieved Prill 14, 2018, from Supporting Youth Actions in Europe: https://ec.europa.eu/youth/policy/youth-strategy_en

• INSTAT. (2018). Të dhënat demografi ke për popullsinë. Retrieved April 16, 2018, from Instituti I Statistikave: http://www.instat.gov.al/al/temat/treguesit-demografi k%C3%AB-dhe-social%C3%AB/popullsia/

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